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Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
July 27,1999 (as amended)
Volume 162
Board Minutes for July 27,1999
Table of Contents
99-82 Approval of April 20,1999 Minutes 1
99-83 President's Salary for FY 2000 1
99-84 General Counsel's Salary for FY 2000 1
99-85 Director of Audit Services's Salary for FY 2000 1
99-86 Faculty and Staff Appointments for 1999-2000 1
99-87 Change in Status 3
99-88 Voluntary Modification of Employment 5
99-89 Retirements 5
99-90 Holiday Schedule 6
99-91 Underenrolled Class Report 6
99-92 Last Class Day Report 6
99-93 Acceptance of General Bulletin 6
99-94 Core Curriculum Revision 6
99-95 New Distance Education Course Offerings 6
99-96 Intercollegiate Athletic Policy and Procedures Manual 7
99-97 Licensing Contract with Collegiate Licensing Company .7
99-98 Approval of the 1999-00 Budget 7
99-99 Approval of the 1999-00 HEAF Allocation 7
99-100 University Insurance Coverage 7
99-101 Approval of Expenditure in Excess of $50,000 7
99-102 Vehicle Leases 7
99-103 Utility Truck Purchase 7
99-104 Television Cable Service 8
99-105 Intersection at Raguet and College Streets 8
99-106 Naming of College of Business 8
99-107 Naming of Azalea Garden 8
99-108 Policy Revisions 8
Reports
A Chair, Faculty Senate
B. President, Student Government Association
C. Vice President for Alumni Affairs
D. Vice President for University Advancement
E. President
Appendix No. 1 - Core Curriculum Revision
Appendix No. 2 - HEAF Allocation FY 1999-00
Appendix No. 3 - TCA Cable Agreement
Appendix No. 4 - Budget Changes Less Than $50,000
Appendix No. 5 - Policy Revisions : Computing Software Copyright, -Concurrent Enrollment
Program, -Digital Millennium Copyright Policy, -Procurement Card, A-
11.5-Conflict of Interest in Sponsored Activities, A-12 -Copyrighted
Works Reproduction, A-31.5-Misconduct in Research, A-36-Out-of-State
Travel/Study, A-38-Regents Professors, A-49-Academic and Professional
Preparation, C-5-Cash Receipts and Deposits, C-14-Foreign Travel, C-17-
Institutional Memberships, C-19-Interdepartmental Transfer (IDT), C-22-
Non-Reimbursable Travel, D-l-Access to University Records, D-8.1-
Computer & Network Security, D-24-Parking and Traffic Regulations, D-
34.1-Conduct Code, D-38-University Logo/Seal, E-IA-Academic
Appointments and Titles, E-8N-Classified Pay Plan,, E-l 1-Discipline and
Discharge, E-26A-Guarantees Relating to Matters Other Than Termination
and Non-Renewal of Contracts,, E-46-Discrimination Complaints/Sexual
Harassment, E-48A-Summer Contracts, F-26-Student Employment Center,
F-28-Student Service Fee Allocations
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
JULY 27,1999
The meeting was called to order at 9:00 a.m. by Chair Jimmy Murphy. Board members
present in Room 307: R. A. Brookshire, Penny Butler, Mike Enoch, Pattye Greer Gary
Lopez, Susan Roberds, and Mike Wilhite. Absent: Lyn Stevens.
Others present in Board Room 307: Dan Angel, Janelle Ashley, Baker Pattillo, Roland
Smith, Yvette Clark, other SFA administrators, and members of the public.
99-82
Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting ave it
was ordered that the minutes of April 20,1999 be approved. '
99-83
Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting
aye, it was ordered that the President receive an 8% increase in salary for FY 2000.
99-84
Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting
aye, it was ordered that the General Counsel receive an 8% increase in salary for FY 2000.
99-85
Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting
aye, it was ordered that the Director of Audit Services receive a 15% increase in salary for
FY 2000.
99-86
Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it
was ordered that the following appointments be approved.
1. Biology
Dr. Charlene Schramm, Ph.D. (University of Iowa) at a salary of $35,000 for 100%
time for nine months, effective September 1,1999.
2. Economics and Finance
Mr. David A. Romer, Visiting Assistant Professor, MBA (University of Tennessee
Knoxville), at a salary of $52,000 for 100% time for nine months effective
September 1,1999.
3. Elementary Education
Dr. Rocio Moss, Associate Professor, Ph.D. (San Diego State University), at a
salary of $41,000 for 100% time for nine months, effective September 1,1999.
Ms. Marian E. Henderson, Assistant Professor, M.S.E. (University of Arkansas at
Little Rock), at a salary of $38,000 for 100% time for nine months, effective January
1,1999.
4. English and Philosophy
Dr. Marc S. Guidry, Assistant Professor, Ph.D. (Louisiana State University), at a
salary of $33,500 for 100% time for nine months, effective September 1,1999.
Dr. Catherine S. Quick, Assistant Professor, Ph.D. (University of Missouri,
Columbia), at a salary of $36,000 for 100% time for nine months, effective
September 1,1999.
5. History
Ms. Randi Cox, Assistant Professor, M.A. (Indiana University), at a salary of
$33,000, effective September 1,1999.
6. Political Science and Geography
Mr. Michael P. Tkacik, Assistant Professor, M.A. (Columbia University), at a salary
of $34,000 for 100% time for nine months, effective September 1, 1999.
7. Psychology
Dr. Jason Hart, Assistant Professor, Ph.D. (Virginia Commonwealth University), at
a salary of $35,000 for 100% time for nine months, effective September 1,1999.
8. Secondary Education
Dr. Pamela Harrell, Assistant Professor, Ed.D. (University of Houston), at a salary
of $36,000 for 100% time for nine months, effective September 1, 1999.
9. Theatre
Mr. Luis Ramirez, Assistant Professor, MFA (Carnegie Mellon University), at a
salary of $39,000 for 100% time for nine months, effective September 1, 1999.
10. Counseling and Career Services
Mr. John West, Coordinator of Testing, at a salary of $25,000 for twelve months,
effective June 1,1999.
11. Athletics
Mr. Matthew Corkery, Assistant Coach and Instructor, at a salary of $40,000 for
10.5 months, effective June 21, 1999.
Mr. Michael Bums, Assistant Coach, at a salary of $46,115 for 10.5 months,
effective July 5,1999.
99-87
Upon motion of Regent Roberds, seconded by Regent Butler, with all members voting aye,
it was ordered that that the following changes of status be approved.
1. SFA 101 - Freshman Seminar
2. College of Business
Dr. Violet C. Rogers, Associate Professor at a salary of $63,145 for 100% time for
nine months, to Associate Professor for 67% time and Associate Dean for 33% time
at a salary of $83,387 for eleven months effective September 1,1999.
3. College of Fine Arts
Dr. Richard A. Berry, Professor and Interim Dean at a salary of $62,333 for 100%
time for eleven months, to Professor and Dean at a salary of $88,273 for 100% time
for twelve months effective June 1, 1999.
4. College of Liberal Arts
Dr. Kathleen Kincade, from Visiting Assistant Professor at a salary of $30,000 for 100%
time for nine months, to Assistant Professor at a salary of $32,500 for 100% time
for nine months effective September 1, 1999.
Dr. Karen Zagrodnik, from Visiting Assistant Professor at a salary of $$30,000 for 100%
time for nine months, to Assistant Professor at a salary of $32,500 for 100% time
for nine months effective September 1,1999.
5. College of Sciences and Mathematics
Mr. Robert B. Friedfeld, from Adjunct Faculty at a salary of $31,000 for 100% time
for nine months, to Assistant Professor at a salary of $36,000 for 100% time for
nine months effective September 1,1999.
6. Business Affairs
Ms. Dora Fuselier, CPA, from Accountant at a salary of $41,231 for 12 months to
Controller, at a salary of $54,600 for 12 months, effective June 21,1999.
99-88
Upon motion of Regent Greer, seconded by Regent Butler, with all members voting aye, it
was ordered that that the following requests for retirement and subsequent modification of
employment be approved:
Dr. James Speer, Dean of the College of Liberal Arts, effective September 2000.
Dr. Calvin Hines, Professor of History, effective September 2000.
99-89
Upon motion of Regent Wilhite, seconded by Regent Roberds, with all members voting aye,
it was ordered that that the following retirements be accepted.
1. Mathematics and Statistics
Ms. Jane S. Shepard, Lecturer, effective May 31, 1999.
2. Music
Dr. Daniel J. Beaty, Professor, effective May 31, 1999.
3. Social Work
Dr. Barbara Heard-Mueller, Assistant Professor, effective May 31,1999.
99-90
Upon motion of Regent Enoch, seconded by Regent Roberds, with all members voting aye,
it was ordered that the holiday schedule be approved as follows:
1999 2000
99-91
Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it
was ordered that the Summer I Underenrolled Class List be approved and that the Chairman
of the Board be authorized to sign the official report for Summer II, 1999 when the data is
available.
99-92
Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it
was ordered that the Last Class Day Report for the spring semester, 1999 be approved as
presented.
99-93
Upon motion of Regent Roberds, seconded by Regent Butler, with all members voting aye,
it was ordered that the 1999-2001 General Bulletin (undergraduate) be accepted:
99-94
Upon motion of Regent Butler, seconded by Regent Greer, with all members voting aye, it
was ordered that the revised core curriculum be approved as presented in Appendix No. 1.
99-95
Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it
was ordered that the following courses be approved for electronic delivery:
PSC 344 Introduction to Public Administration
PSC 345 American Public Policy
PSC 346 Public Personnel Administration
PSC 444 Public Organizational Theory
PSC 445 Policy Analysis
PSC 446 Topics in Public Administration
AST 105 Classical and Modern Astronomy
AED 501 General Administrative Theory & Practice
AED 599 Education Research and Application
AED 517 Instructional Leadership
AED 549 Foundations of Curriculum Planning
AED 552 School-Community Relationship
AED 553 School Personnel Administration
AED 516 The School Principalship K-12
AED 555 School Management
99-96
Upon motion of Regent Greer, seconded by Regent Wilhite, with all members voting aye, it
was ordered that the revisions to the Athletic Policy and Procedure Manual be approved as
presented.
99-97
Upon motion of Regent Wilhite, seconded by Regent Lopez, with all members voting aye, it
was ordered that the Collegiate Licensing Company contract be approved and that the
President be authorized to sign the contract.
99-98
Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it
was ordered that the operating budget in the amount of $115,615,881 for the 1999-00 fiscal
year be approved. The 1999-00 budget includes a $3 per semester credit hour increase in
the Computer Use Fee and a 3% increase in Room and Board. The 1999-00 budget
includes a general 6% salary increase pool for employees.
99-99
Upon motion of Regent Enoch, seconded by Regent Roberds, with all members voting aye,
it was ordered that the list of HEAF projects for fiscal year 1999-00 be approved as
submitted in Appendix No. 2.
99-100
Upon motion of Regent Butler, seconded by Regent Roberds, with all members voting aye,
it was ordered that the staff be authorized to recommend to the President the insurance plan
providing best and lowest-cost protection subject to guidance provided by the Intivation to
Bid and as may be clarified based on discussions with vendors. It was also ordered that the
President be authorized to sign contracts and purchase orders required to renew the
insurance program for academic year 1999-00.
99-101
Upon motion of Regent Roberds, seconded by Regent Enoch, with all members voting aye,
it was ordered that the expenditure of $73,800 for the purchase of computers for the Faculty
Development Center with funding provided by HEAF be approved.
99-102
Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting
aye, it was ordered that the lease renewal for five vehicles for recruiters in the Office of
Admissions be approved, and that the President be authorized to sign the contracts.
99-103
Upon motion of Regent Wilhite, seconded by Regent Roberds, with all members voting aye,
it was ordered that the physical plant department be authorized to purchase a new utility
truck at a cost not to exceed $51,300, subject to bidding requirements, and that the President
be authorized to sign the required purchase order. Fund source is physical plant's current
operating funds. No increase in the budget is required to accommodate this purchase.
99-104
Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it
was ordered that the contract with TCA Cable be approved as proposed in Appendix No. 3.
99-105
Upon motion of Regent Butler, seconded by Regent Roberds, with all members voting aye,
it was ordered that the Board ratify the project to renovate the Raguet-College Streets
intersection.
99-106
Upon motion of Regent Brookshire, seconded by Regent Wilhite, with all members voting
aye, it was ordered that the College of Business be named the Nelson Rusche College of
Business.
99-107
Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it
was ordered that the Azalea Garden in the SFA Mast Arboretum be named the Ruby Mize
Azalea Garden.
99-108
Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it
was ordered that the policy revisions be approved as presented.
REPORTS
A. Faculty Senate President, Jill Dumesnil
B. Student Government Association, Sean Bradley and Allison Bush
C. Vice President for Alumni Affairs, Miles McCall and Jackie Cannon
D. Vice President for University Advancement, Jerry Holbert
E. President, Dan Angel
Upon motion of Regent Butler, seconded by Regent Greer, with all members voting aye, it
was ordered that the Meeting be adjourned at 10:44 a.m.
Appendix No. 1
Stephen F. Austin State University
Core Curriculum Requirements
Effective Fall 1999
Communication
a) English rhetoric/composition 6
ENG 131,132,133,235, TCCNS:ENGL 1301, 1302
b) Communication Skills 6 to 8
BCM 247; COM 111,170; FRE 131,132; ILA 111,112; SPA 131,132; ENG 273; SPH 172,272
TCCNS:BUSI 2304; SPCH 1311; FREN 1411,1412; SPAN 1411,1412; SGNL 1301
Mathematics 3
MTH 110,127,128,133,138,139,143,144,220,233,234
TCCNS:MATH 1335,1336,1316,1314,1348,1324,1325,1342,2313,2314
Natural Sciences 6 to 8
BIO 121,123,131,133,225,238
CHE 111,112,133,134,231
GOL 131,132,133
PHY 101,102,110,118,131,132,241,242
AST 105
Humanities & Visual and Performing Arts
a) Visual and Performing Arts 3
ART 280,281,282
MUS 140,160
THR 161,370
DAN 341
B) Other 3
ENG 215,221,222,231,232,234,235,360; PHI 153,223; HIS 151,152
Social and Behavioral Sciences
a) US History (w/ Texas option) 6
HIS 133,134,335
b) Political Science 6
PSC 141,142
c) Social/Behavioral Science 3
ANT 231; ECO 231,232; GEO 131,230; PSY 133,153; SOC 137,139
TOTAL 42-46
Pending Approval by SFASU Board of Regents
July 27, 1999
Stephen F. Austin State University
Core Curriculuni Requirements
Effective Fall 1999
Communication
a) English rhetoric/composition 6
ENG 131,132,133,235, TCCNS:ENGL 1301, 1302
b) Communication Skills 6 to 8
BCM 247; COM 111,170; FRE 131,132; ILA 111,112; SPA 131,132; ENG 273; SPH 172,272
TCCNS:BUSI 2304; SPCH 1311; FREN 1411,1412; SPAN 1411,1412; SGNL 1301
Mathematics 3
MTH 110,127,128,133,138,139,143,144,220,233,234
TCCNS.MATH 1335,1336,1316,1314,1348,1324,1325,1342,2313,2314
Natural Sciences 6 to 8
BIO 121,123,131,133,225,238
CHE 111,112,133,134,231
GOL 131,132,133
PHY 101,102,110,118,131,132,241,242
AST 105
Humanities & Visual and Performing Arts
a) Visual and Performing Arts 3
ART 280,281,282
MUS 140,160
THR 161,370
DAN 341
B) Other 3
ENG 215,221,222,231,232,234,235,360; PHI 153,223; HIS 151,152
Social and Behavioral Sciences
a) US History (w/ Texas option) 6
HIS 133,134,335
b) Political Science 6
PSC 141,142
c) Social/Behavioral Science 3
ANT 231; ECO 231, 232; GEO 131,230; PSY 133,153; SOC 137,139
Institutionally Designated Options 3
(Computer Literacy or Health and
Physical Activity)
CSC 101,102,121,201
HMS138
MSC 101,102
MUP 136
Physical Activity
TOTAL 45-49
Approved by SFASU Board of Regents
October 20, 1998
Stephen F. Austin State University
Proposed HEAF Allocation
Fiscal Year 1999-00
Appendix No. 2
Department
Debt Service
Instructional Capital
College of Science and Math
VP Advancement
Public Affairs
Public Affairs
Public Affairs
Printing Services
Counseling & Career Services
Counseling & Career Services
UPD
Financial Aid
Purchasing
Purchasing
Purchasing
Telecommunications
UlS/Telecommunications
UlS/Telecommunications
UlS/Telecommunications
UI S/Telecommunications
VPBA
VPBA
Honors Program
Honors Program
Honors Program
Honors Program
Admissions
Office of Instructional Technology
Office of Instructional Technology
Office of Instructional Technology
Office of Instructional Technology
Office of Instructional Technology
Office of Instructional Technology
Office of Instructional Technology
Library
Registrar
College of Business
College of Education
Agriculture
Agriculture
Elementary Education
Elementary Education
Elementary Education
Elementary Education
Human Sciences
Kinesiology
Kinesiology
Kinesiology
Secondary Education
Fine Arts
Fine Arts
Fine Arts
Fine Arts
Fine Arts
Fine Arts
Item/Project Request
Debt Service for Fiscal Year 2000
Capital Equipment for Academic Departments
Renovation of the Miller Science Building
Computer Hardware and Software
Mamiya 645 Camera and Lens
Macintosh G3 Computers
2 Computer Monitors
Printing Press
4 Computers
Printer
Patrol Vehicle
8 Computers
2 Macintosh G3 Computers
2 Computer Monitors
Chairs
Additional PPP Telecommunication Dialup Ports
Computer Hardware and Software
Network Upgrade
Telecommunication Hardware and Network Equipment
Hardware/Software Implementation and Faculty Web
1 Computer
Contingency
2 Computers
Filing Cabinet
Furniture
Copier
3 Computers
Renovation of Boynton lab
Chairs
21 Computers
2 Printers
Software
Windows 2000 Software
Microsoft Office 2000 Software
Library Materials Acquisition
Convert Office for Records Retention
Upgrade Computer System
27 Macintosh G3 Computers
Renovation of Equine Lab
Hay Baler for the Agricultural Farm
3 Copiers
2 Macintosh G3 Computers
2 Macintosh Data Storage Towers
2 HP Printers
Renovate HMS 106
Convert Offices to Computer Lab and Classroom
Office Furniture
Filing Cabinets
Renovation of 5 Classrooms
Sound System for Turner Auditorium
Scanner
Desk for Dean's Office
Assorted Computer Software
TV/VCR Portable Equipment
Large Format Frames/Storage
Stephen F. Austin State University
Proposed HEAF Allocation
Fiscal Year 1999-00
Department
Fine Arts
Forestry
History
Chemistry
Mathematics and Statistics
Physics and Astronomy
Physics and Astronomy
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Physical Plant
Item/Project Request
2 Printers
Renovation of Forestry building
Renovation of Classroom
Renovation of Chemistry Lab and Stockroom
Renovate 4 Cassrooms
Manl'rft for Large Dome at Observatory
Drop-down Shutter for Large Dome at Observatory
Computer Upgrades
Fine Arts Building - Restore Exterior Walls
Replace Special Services Chairs
UPD Fire Alarm Equipment
Mcgee and Education Buildings Entrance Door Replacement
Campus Street Sweeper
Bucket Truck for Campus Lighting Replacement
Coliseum Stage and Chair Replacement
Annual Vehicle Replacement
Landscape and Develop Boynton and Music Building Grounds
Campus Trash Receptacles and Bicycle Racks
Physical Plant Street Repair
Total
Appendix No. 3
CABLE SIGNAL DELIVERY AGREEMENT
for
Stephen F. Austin State University
and
TCA Management Company
Jointly Prepared 06/0221/99
by TCA Management Company
and Stephen F. Austin State University
License 4
Signal Delivery 4
Ownership of Plant and Equipment 4
Signals Reception 5
Signals Retransmission 5
Mandatory Approvals 6
Rates 6
Response Times 6
Credits for Non-Delivery 7
Terms of Payment 7
Bandwidth Usage 7
Programming 7
Programming Content of the Signals 7
Optional Services 8
Classroom Programming Channel 8
Emergency Alert System 8
Audit 9
Term 9
Representations and Warranties 9
Indemnification 9
Tennination 10
Access.. 11
Insurance 11
Limited Grant 12
Waste or Nuisance 12
Marketing of Services 12
Interest on Obligations 12
Limitation of Liability 12
Cumulative Remedies 13
Inspection • 13
Compliance with Law 13
Notices : 13
Miscellaneous 14
Waiver 14
Integration 14
Applicable Law 14
Assignment 14
Severability 14
Independent Contractor 14
Entire Agreement 14
Paragraph Headings 15
Attorney's Fees 15
Privileges and Immunities 15
Force Majeure 15
Time of Essence 15
CABLE SIGNAL DELIVERY AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 1999, to be effective AuspstSeptember 1, 1999, between TCA Management
Company ("TCA") and Stephen F. Austin State University ("University").
WITNESSETH:
WHEREAS, TCA owns and operates a cable television systems in the City of Nacogdoches, |
Nacogdoches County, Texas and receives at its Nacogdoches electronic communications facility (the
"Headend") certain off-air broadcast signals and satellite cable signals or any other signals that TCA
may, from time to time, offer to other subscribers (the "Signals"); and
WHEREAS, the University desires to obtain from TCA all unscrambled channels but not less
than thirty-seven (37) channels of the Signals to enable the University to provide cable television
service in bulk on the campus of the University ("Campus"); and
WHEREAS, TCA and the University desire to facilitate the transfer of certain assets from
TCA to the University and the assumption by the University of the sole responsibility for securing and
retransmitting the Signals on the Campus in compliance with applicable laws, rules, and regulations
and to be responsible for obtaining any other approvals necessary to lawfully retransmit the Signals
on the Campus.
NOW, THEREFORE, in consideration of the following agreements, covenants, promises and
other good and valuable consideration, the parties hereto, hereby agree as follows:
1. License. The University does hereby GRANT, BARGAIN, SELL, and CONVEY
to TCA as the effective date of this Agreement a license to use and
occupy the present and future streets, races, conduit, ducts, sub-ducts,
tunnels, alleys, buildings, thoroughfares, public places, and grounds of the
Campus as reasonably necessary for the installation, maintenance, attachment,
use, construction, operation, and repair of cable television transmission
cable and appurtenant devices and equipment or any replacements,
improvements, or substitutes therefore for the provision of the Signals —to
Centrex under the terms and conditions hereinafter set forth. All activities will be—
be coordinated through the Associate Director of the Physical Plant.
2. Signal Delivery. TCA agrees to timely perform such installation, maintenance,
-attachment, construction, operation, and repair of the cable television
transmission cable and all appurtenant devices and equipment, and to acquire
all other offsite equipment, licenses, and entitlement as are reasonably
necessary to deliver the Signals to Centrex.
3. Ownership of Plant and Equipment.
(a) Ownership will take place upon (i) the University signing this 5 year agreement -
and (ii) upgrading the existing campus plant to 750 MHZ by fiscal year 2002
as refered to in paragraph 11. Upon completion of items (i) and (ii)
above, TCA shall transfer, convey, and assign, to the University, and the
University shall accept to take, the ownership of TCA's plant and
equipment located on the Campus, except cables and oHier equipment used
to deliver Signals to the Demarcation Point from TCA's facility and to
transport signals from the Demarcation Point to TCA. For the purposes <f
this Agreement, plant and equipment, hereinafter referred to as Campus cable
-Plant, shall be defined as all trunk feed cable located in the steam tunnels and
conduit on the Campus, together with all amplifiers and power supplies,
splitters, and taps on - ea-the Campus on the Campus side of the Demarcation
Point.
(b) TCA will continue to provide maintenance for existing plant and equipment
through Fiscal Year 2001 and beginning with Fiscal Year 2002 perform such
service on an hourly charge. TCA will also provide engineering
assistance in plant upgrade.
(c) TCA will provide the University with RG59 coaxial dropwire for rewire of
Dorms fourteen (14) and sixteen (16) at no charge due to time restraints on
delivery.
4. Signal Reception.
(a) The University shall provide space equivalent to one headend rack at the
Demarcation Point for TCA's electronic equipment. The University shall
connect the the Campus to receive the Signals at the Demarcation Point.
All equipment for transporting the Signals from the Demarcation Point and
all Signals so transported shall be of high quality, shall comply with the
standards for cable television equipment —equipment prescribed by the
Federal Communications Commissions of the United States ("FCC").
The Signals, including optional services, shall be made available to a
minimum number of the active cable drops with the Standard Cable Service —
("Drops") on the Campus as set forth in Paragraph 7.
(b) "Standard Cable Service" under this Agreement is defined as the standard of —
programming service set forth in Paragraph 12 hereof.
5. Signals Retransmission.
(a) The University shall, to the extent necessary, upgrade the drop cable plant in all
residence halls by August 51, 2002, in order to ensure that the quality of the reception
of the Signals is equal to that of the TCA system in Nacogdoches in general.
(b) The University agrees to not use any "descrambling" equipment, satellite
equipment, or any other equipment designed to technically bypass the Signals supplied
by TCA hereunder.
6. Mandatory Approvals. The University agrees that it shall at all times comply with
applicable local, state and federal laws, rules and regulations with respect to its
operations on the Campus including, but not limited to, FCC signal leakage standards.
7. Rates.
(a) During the first 24 months of this Agreement, the University agrees to pay to TCA
the following monthly rate per Drop:
$5.94
(b) Beginning in the 25th month and continuing through the remainder of this
Agreement, the University agrees to pay to TCA the following monthly rate per Drop:
$6.95
(c) The University shall pay the contracted per Drop price for each Drop that has a
television, radio, or data connection regardless of the type of building (student
dormitory, administrative, or academic building). The University shall pay the per
Drop price for all occupied residence hall rooms on the Campus.
(d) The University shall submit to TCA each semester, a count of the number of active
Drops on Campus. This count will be used as a basis for billing for the following
month.
(e) Paragraphs (a) and (b) above notwithstanding, should TCA be required to change
its rates, pursuant to rules, regulations, or guidelines issued by the FCC, or other
regulatory body, the University agrees that it will cooperate in amending this
Agreement to such extent as required for TCA to remain in compliance with such
rules, regulations, or guidelines.
(f) In addition, the University agrees to pay actual FCC feesfapprox. $0.04) per drop
in the residence halls and apartments which are considered multi-family dwellings.
For all other accounts, the University shall pay actual FCC fees (appraoL $0,04) per
account. The University further agrees to pay actual franchise fees of approve. $0.18
per drop or as per TCA 's agreement with the City ofNacogdoches.
8. Response Times.
(a) In the case of an interruption in the delivery of the Signals affecting 3 or more
channels TCA shall respond wifliin 4 hoxirs (excluding the hours between midnight and
06:00 a.m.), and make repairs as are necessaiy and are capable of being made, to
resume the Signals within 8 hours from the time TCA first receives notification.
(b) In the case of a an interruption in the delivery of the Signals affecting less than 3
channels or a noticeable degradation of the Signals affecting all channels TCA shall
respond within 8 hours to, and make repairs as are necessary and are capable of being
made, to resume the Signals within 24 hours from the time TCA first receives
notification.
9. Credits for Non-Delivery. In the event that the Signals to the Demarcation Point are
interrupted for more than 4 hours in any 24 consecutive hour period (excluding the
hours between midnight and 06:00 a.m.) after notice has been given to TCA (the
"Interruption Period"), TCA shall provide the University credit equal to l/30th of the
total monthly service fee due from the University for each Interruption Period,
applicable to the locations on the Campus which suffered a complete interruption of
the Signals.
10. Terms of Payment. All billings to the University for cable service hereunder shall be
due and payable by the University to TCA on or before the 15th day of the" month for
which the monthly service is pvovidedwithin 30 days from the date of the invoice.
TCA may take such reasonable action and send such reasonable notices as it deems
appropriate for notifying the University of billings and billing delinquencies. Late
charges will only be paid in accordance with the Prompt Payment Act of Texas.
11. Bandwidth Usage. The University agrees to upgrade the on-campus cable tv plant
serving the residence halls to 750 MHZ capacity by August 51, 2001. TCA shall have
the right to use all forward bandwidth space up to 700 MHZ (channel 108) for its
programming. The University shall have the right to use all other bandwidth space
between 700 MHZ and 750 MHZ (approximately 8 channels) to insert its
programming.
12. Programming. TCA agrees to provide a minimum of 37 channels (unscrambled) to the
University as a part of its per Drop Standard Cable Service. The programming
selection shall be the same as that offered to TCA's individual subscribers in
Nacogdoches. All of the Signals supplied by TCA are subject to change. TCA reserves
the right, after thirty (30) days written notice to the University, or such lesser number
of days as TCA receives, to modify, add to, or delete any of the Signals or
combinations thereof, to the extent such modifications are also made to TC Afs general
cable system serving Nacogdoches, Texas. The Signals supplied by TCA pursuant to
the Agreement are subject to TCA!s and/or its affiliate's agreement with applicable
programmers and/or program suppliers, provided that TCA shall make its best efforts
to ensure that the applicable programming agreement shall permit the continuing
delivery of the Signals under the Agreement. TCA will use its best efforts to maintain
representation in the channel lineup of each of the categories of programming currently
offered.
13. Programming Content of the Signals. TCA shall be neither responsible for, nor liable
to, the University or any other person with respect to the content and material of the
Signals supplied by TCA to the Demarcation Point.
14. Optional Services.
(a) The University's residence hall residents and other individuals or departments on
Campus shall have the right to contract directly with TCA to establish accounts for
providing optional services. The University shall have no right to restrict, limit or
otherwise interfere with TCAfs providing such optional services to the University or
the University's residence hall residents except that TCA agrees that it shall not offer
for sale on the Campus any optional services known to be "exclusively adult"
programming. Optional services shall also be available to non-dormitory areas;
provided however, that sale of optional services are subject to TCA's contracts with
program suppliers. The University understands and agrees that presently the sale of
certain optional services to be displayed in public areas may be prohibited or subject
to commercial contract rates.
(b) Subject to Paragraph 11 of this Agreement, TCA agrees to offer all optional
services as offered by TCA to its individual subscribers in Nacogdoches, Texas and
at the same rates.
(c) The University may insert other programming on the Campus provided that no
channel provided by the University is in competition with any channel provided by
TCA.
(d) TCA agrees to save and hold harmless the University from all responsibility for
fees and charges assessed against individual subscribers of TCAfs cable television
service.
15. Qassroom Programming Channel. TCA shall provide one 24 hour-a-day video channel
to be programmed by the University and inserted onto TCAfs Nacogdoches cable
system. This channel shall originate from the Demarcation Point. This channel shall
consist of classroom programming at least 50% of the time between the hours of 8
a.m. and 12 midnight daily. The University shall not permit advertising on this channel
and shall not program the channel with any programming that may be in competition
with TCA. TCA shall have the exclusive right to distribute this channel off of the
Campus as a multichannel provider.
16. Emergency Alert System. All channels delivered by TCA to the Demarcation Point will
be a part of (he Nacogdoches cable tv emergency alert system. This system is used by
local emergency management personnel of the cities, County, and the University to
warn the public of impending danger due to weather problems or other natural or
unnatural disasters.
17. Audit. TCA shall have the continuing right during regular business hours to audit the
number of cable television Drops on the Campus. Any audit shall be during normal
business hours and records will be examined on-site. Requests for audit must be
submitted in writing and will be conducted within 7 business days of the request.
18. Term. The term of this Agreement (the "Term") shall commence on -Aaa&t&September
1, 1999 and shall terminate on MyAugust 31, 2004. Thereafter, this Agreement shall
automatically renew in successive twelve (12) month terms unless notice is given
ninety (90) days in advance by certified mail. The University agrees that this
Agreement and the rights granted to TCA hereunder are an exclusive agreement with
TCA and during the Term of this Agreement the University shall not enter into any
other agreements to pro\ide similar service with air/ person, firm, or entity competing
in any manner with TCAfs service, as such service is contemplated by this Agreement
or is otherwise upgraded hereafter.
19. Representations and Warranties. The University represents and warrants that it may
lawfully own and operate the cable system on the Campus. TCA represents and
warrants to the University that it is a Texas corporation in good standing and validly
existing under the laws of the State of Texas. Each party represents that the person
signing below on its behalf has full power and authority to enter this Agreement.
20. Indemnification.
(a) The University agrees to the extent permitted by Texas law to indemnify, defend
and hold harmless TCA, its ofiBcers, employees, subsidiaries and affiliates from and
against any and all claims, demands, suits, and judgments for any and all damages,
losses, and expenses, (including reasonable attorney's fees) arising from or relating to:
(i) a breach of any representation, warranty or agreement made by the University
herein and/or (ii) retransmission of the Signals to the University Campus subscribers.
(b) Without limiting the foregoing, the University agrees to the extent permitted by
Texas law that it shall indemnify, defend and hold harmless TCA from and against any
liability arising out of any failure by the University to maintain the Campus cable
system in accordance with FCC signal leakage standards.
(c) In the event TCA, in its discretion, determines that it is subject to additional
copyright and/or performance rights liability as a result of this Agreement, the
University shall, to the extent permitted by Texas Icnv, -deliver to TCA within ten (10)
days after receipt of a detailed statement from TCA setting forth such additional
copyright liability and/or music performances rights liability, the amounts reflected
therein. Should the University dispute the liability, it shall do so only after complying
with TCA's financial demand.
(d) TCA agrees to indemnify, defend, and hold the University harmless against any
and all claims, demands, suits and judgments for any and all damages, losses, and
expenses (including attorney's fees) arising from or relating to a breach of any
representation, warranty, act or omission, obligation or agreement made by TCA
herein.
(e) It is understood and agreed that the indemnification provided by the University to
the extent permitted by Texas law for the benefit of TCA, and by TCA for the benefit
of the University shall survive the expiration or earlier termination of this Agreement.
21. Termination.
(a) Either party hereto shall have the right to terminate this Agreement in accordance
with the following:
(i) Upon default of any provision set forth herein, if such default is not cured
within thirty (30) days after receipt of written notice from the non-defaulting
party of the nature of such default, provided, however, that if such default is
a non-monetary default, and is not reasonably capable of being cured within
such thirty (30) day period, the defaulting party shall be granted sufficient time
to cure such non-monetary default so long as such party is diligently pursuing
a cure; or
(ii) Immediately upon written notice to the other party, if the service
contemplated herein is legally determined to violate any existing or future law,
rule or regulation of the United States or the State of Texas.
(b) Upon termination of this Agreement due to any default of the University during
the initial Term of this Agreement, the University shall within thirty (30) days after
li^^ to TCA, or-its successors or nssksas-a-eash
pmpen
number of months, or portions of months then remaining in the initial Term of-fcis
Agreement TCA and the University agree that the liquidated damages provision of this
Paragraph is to aohieve certainty between the parties and is not a penalty.
(eb) In the event :EGAeither party fails to comply with the terms and conditions of this
Agreement, the Unrversityorfrer party shall have the following remedies: 1) provide
30 days written notice to TCA of a breach of this Agreement, 2) permit TCAthe other
party a reasonable period of time to correct the breach, and 3) if TCA fails to rectify
the breach within a reasonable time, the University may terminate this Agreement if
the other party fails to rectify the breach within a reasonable time..
(c) The University shall have the right to terminate this Agreement without notice of
cancellation and without penalty should the Legislature fail to appropriate funding
for renewal.
22.
(a) TCA shall have reasonable access to the Demarcation Point, the buildings and
other areas of the Campus as necessary to cany out the purposes and intents of this
License and Agreement. TCA shall notify the Director of the Physical Plant
Department of the University as to its entry onto the Campus for performing any of
the work or services provided for hereunder when such notice shall be reasonably
possible. In no case shall TCA enter into the confines of a private residence,
apartment, or residence hall room without the prior approval and consent of the
University. The University further reserves the right to restrict access by TCA to
certain buildings upon Campus during certain hours and under certain conditions as
necessary to the enforcement of the University's residence hall visitation policies and
as necessary to avoid the disruption of the University scholastics and business.
(b) The University will not interfere nor permit its agents and employees to interfere
with the operations of TCA, nor will TCA interfere or permit its agents and employees
to interfere with the operations and activities of the University except as herein
provided.
23. Insurance.
(a) TCA agrees to and shall maintain during the entire term of this License and
Agreement, public liability insurance in the minimum amount of $500,000 for loss
from an accident resulting in the bodily injury to or death of one person, and
$1,000,000 in aggregate coverage as well as $500,000 for loss from an accident
resulting in damage to or destruction of property. In addition, TCA shall maintain
Worker's Compensation insurance as required by Texas law. Such liability insurance
shall extend to and cover all activities of TCA which may be conducted upon the
Campus under the terms and conditions of this License and Agreement.
(b) TCA agrees that, in the event of loss due to any of the perils for which TCA has
agreed to provide insurance, TCA shall look solely to TCA's insurance for recovery.
TCA hereby grants to the University, on behalf of any insurer providing insurance to
TCA pursuant to Paragraph 23(a) above, a waiver of any right of subrogation which
any insurer of TCA may acquire against the University by virtue of the payment of any
loss under such insurance.
(c) On securing the foregoing coverage, TCA shall give the University written notice
thereof together with a certified copy of the appropriate policy or policies of insurance.
(d) TCA shall provide further proof that the policy or policies provided for in this
Article expressly provide that the same shall not be canceled or altered without prior
written notice to the University.
(e) If TCA during the term of this License and Agreement should fail to secure or
maintain the foregoing insurance, the University shall be permitted to obtain such
insurance in TCA's name or as the agent of TCA and shall be compensated by TCA
for the cost of the insurance premiums.
(f) It is understood and agreed between the parties that the University, as an agency
of the State of Texas, is prohibited by law from acquiring in its own name a policy of
general liability or casualty insurance for the Campus. Therefore, the University may
remain self-insured during the term of this License and Agreement.
24. Limited Grant Nothing in this License and Agreement shall be deemed to include in
the limited grant herein contained any part of the fee title interest in the Campus or any
other property of the University, or any interest in the buildings or improvements to
be erected or existing thereon, it being understood between the parties that the
University has not and shall not alienate its fee interest in the Campus or improvements
to be erected or existing thereon.
25. Waste or Nuisance. TCA shall not commit, or suffer to be committed, any waste on
the Campus, nor shall TCA maintain, commit, or create any nuisance on the Campus
or cause the Campus to be used for any unlawful purpose.
26. Marketing of Services. At all times during the term of this Agreement, the University
grants to TCA an-iFFeveeabte Urnited license for TCA to market and sell its optional
cable services to the residents, occupants, and tenants of the University through sales
and promotional activities on the Campus. Such activities may be conducted in any
reasonable manner deemed appropriate by ^GAthe University, h&tand only to the
extent that such marketing and sales does not unreasonably interfere with the
University or the use and operation of the University's property.
27. Interest on Obligations. If either party defaults in the payment of any obligations,
benefits, and moneys which may become due under the terms of this License and
Agreement, or which are paid by one party because of default of the other party
hereunder, such obligation shall bear interest at the rate of twelve percent (12%) per
ett&emrallowed by the Prompt Payment Act of Texas from the due date until paid, or
in the case of sums paid because of default hereunder, from the date that such
payments are made until the date that the non-defaulting party is reimbursed by the
defaulting party therefor.
28. Limitation of liability. The University and the University's agents and employees shall
not be liable to TCA or TCAfs agents, employees, or licensees or for any injury to
persons or damage to property caused by the Campus or any portion of the buildings,
streets, grounds, or improvements upon the Campus becoming out of repair or by
defect in or failure of equipment, pipes, or wiring, or broken glass, or by the backing
up of drains, or by gas, water, steam, electricity, or oil leaking or escaping, nor shall
the University or its agents and employees be liable to the above-named for any loss
or damage that may be occasioned by or through the acts or omissions of Campus
residents.
29. Cumulative Remedies. All rights and remedies of the parties under this license and
Agreement shall be cumulative, and none shall exclude any other right or remedy at
law. Such rights and remedies may be exercised and enforced concurrently and
wherever and as often as occasion therefore arises.
30. Inspection. TCA shall permit the University and the University's agents to inspect
TCA's facilities upon the Campus at all reasonable times for the purpose of assuring
TC A's compliance with this License and Agreement.
31. Compliance with Law. TCA shall fully and faithfully comply with all federal, state,
county, and local laws, ordinances, and regulations, including without limitation all
terms of TCA'S franchise with the City of Nacogdoches (which franchise is
specifically incorporated by reference as part of this License and Agreement), and
TCA agrees to hold the University harmless from all penalties, fines, charges, or claims
arising out of TCA's violation of any such law, ordinance, regulation, or franchise.
32. Notices.
(a) Each party agrees, it shall promptly notify the other if any station, network, sports
league, music licensing organization, performer, representative, government entity, or
other party objects to or contests the right of TCA to deliver the Signals to the
University or the right of the University to retransmit the Signals to the Campus'
subscribers.
(b) Any notices required pursuant to this Agreement shall be validly given or served
if in writing and sent by overnight courier, or certified mail, postage prepaid, to the
following addresses:
If to TCA:
TCA Management Company
409 N. Fredonia
Nacogdoches, Texas 75961
Attention: Mike Stidham, Vice President of Operations
If to the University:
STEPHEN F. AUSTIN STATE UNIVERSITY
Box 1303W - SFA Station
Nacogdoches, Texas 75962-30310
Attention: John Rulfs Diana
Boiibel
or such other addresses as either party may designate to the other in writing. Deliver)'
of any notice shall be deemed to be effective on the date set forth on the receipt of the
overnight courier or certified mail.
33. Miscellaneous.
(a) Waiver. The waiver by either party of a breach or violation of any provision of this
Agreement shall not operate or be constructed as a waiver of any subsequent or
continued breach or violation.
(b) Integration. This writing represents the entire agreement of the parties hereto with
respect to the subject matter hereof, and may not be altered or amended except by an
agreement in writing signed by both parties.
(c)Applicable Law. This Agreement shall be governed by and be construed in
accordance with the state law of Texas and the federal laws of the United States of
America, and all obligations of the parties created hereunder are performable in
Nacogdoches County, Texas.
(d) Assignment. This Agreement may be assigned by either party with the prior written
consent of the other, which consent shall not be unreasonably withheld.
(e) Severabilitv. If any provision of this Agreement or the application thereof to any
person or circumstance is, to any extent, held in any proceeding, to be invalid or
unenforceable, the remainder of this Agreement, or the application of such provision
to persons or circumstances other than those to which it was held to be invalid or
unenforceable, shall not be affected thereby.
(f) Independent Contractor. TCA is an Independent Contractor, not a partner or joint
venturer, and shall not act as an agent for the University. Nor shall TCA be deemed
to be an employee of the University for any purposes whatsoever. TCA shall not have
any authority, either express or implied, to enter into any agreement, incur any
obligations on behalf of the University, or commit the University in any manner
whatsoever without the express prior written consent of the University.
(g) Entire Agreement. This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior agreement concerning the subject matter
herein, whether oral or written. No amendment, modification, or alteration of the
terms hereof shall be binding unless the same be in writing, dated subsequent to the
date hereof, and duly executed by the parties hereto.
(h) Paragraph Headings. Headings used herein are for the convenience of the parties
for reference and identification and shall not be construed to limit or alter the meaning
of the provisions of this Agreement.
(i) Attorneys Fees. In the event that either party breaches any of the terms of this
Agreement whereby the other party employs attorneys to protect or enforce such
party's rights hereunder and prevails, then the breaching party agrees to pay the other
party reasonable attorney's fees so incurred by such party.
(j) Privileges and Immunities. It is agreed and understood between the parties that the
University is an agency of the State of Texas and that nothing in this Agreement shall
be construed to constitute a waiver or relinquishment by the University of the
University's right to claim such exemptions, privileges, and immunities as may be
provided by law.
(k) Force Majeure. Neither party shall be considered in default in the performance of
this Agreement if such performance is prevented or delayed by Force Majeure. Force
Majeure shall be understood to be any cause which is forthwith, by notice from the
party affected, brought to the attention of the other party, including but not limited to
war, hostilities, revolution, civil commotion, strike, lockout, epidemic, accident, fire,
wind, flood, event, occurrence, or condition beyond the control of the party affected,
or because of any law, order, proclamation, regulation, or ordinance of any
government or of any subdivision thereof, or because of any act of God.
(1) Time of Essence. Time is of the essence in the performance of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above to be effective September 1 5 1999.
TCA Management Company Stephen F. Austin State University
By:
Mike Stidham,
Vice President of Operations
PtetatPresident
-By:
Jolin FoilfsDaft Angel
Associate—Director -ef—the—Physical
THE STATE OF TEXAS §
§
COUNTY OF NACOGDOCHES §
This instrument was acknowledged before me on this the day of ,
1999, by of on behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My Commission expires^
THE STATE OF TEXAS §
§
COUNTY OF NACOGDOCHES §
This instrument was acknowledged before me on this the day of ,
1999, by of Stephen F. Austin State University on behalf of said
University.
Notary Public, State of Texas
Printed Name:
My Commission expires:
Appendix No. 4
STEPHEN F. AUSTIN STATE UNIVERSITY
SCHEDULE OF BUDGET INCREASES
April 1, 1999 through July 8, 1999
ACTIVITY RECIPIENT TRANSFER SOURCE
ACCOUNT NAME ACCOUNT NUMBER SOURCE DESCRIPTION AMOUNT DATE
OSA Graphics Shop 3-50690 Additional Income 10.000 April 22, 1999
OSA Graphics Shop 3-50690 Additional Income 9,600 June 28, 1999
Graduate Application Fee 2-51180 Additional Income 3,850 July 8, 1999
TOTAL 23,450
Appendix No. 5
Computing Software Copyright New Policy
Original Implementation: July 27, 1999
Last Revision: None
Purpose and Scope
Most software on computers at Stephen F. Austin State University is protected by Federal
copyright laws. In addition to the copyright laws, there usually is a license agreement
between the software seller and the purchaser to protect the software. Educational
institutions are not exempt from legislation covering copyrights. The University's policy
is to respect the copyright protections given under Federal Law, and to adhere to the
conditions of the license agreement. The following policies and procedures apply.
Policies and Procedures
1. Software provided through the University for use by faculty, staff, and students may
be used on computing equipment only as specified in the specific software licenses.
2. Licensed software may not be copied on University equipment except as specifically
permitted by the software license (to create a backup copy, for example).
3. Faculty, staff, and students may not use unlicensed or unauthorized copies of software
on University owned computers, or any computer housed in University facilities.
4. The individual who normally uses a specific computer is responsible for ensuring and
being able to document via license agreement or proof of purchase that the software used
on that machine is licensed. An appropriate supervisor is responsible when the same
machine is used by several persons.
5. For multi-user computing system, the director of the organization unit owning the
system, or the manager responsible for its operation, must document licenses and inform
users of licensing conditions and take reasonable actions to ensure compliance.
6. It is a violation of University policy to knowingly use or attempt to use software which
is not authorized for use under normal operating procedures.
Sanctions for Policy Violations
Unauthorized or unlicensed use of software is a serious matter and is without the consent
of Stephen F. Austin State University. Faculty, staff, and students should bring to the
attention of supervisors other responsible persons such as the Director of University
Information Systems, known or suspected violations of these policies. Any individual
violating these policies is required to take immediate remedial action; e.g. remove the
unlicensed software from the machine. Persons refusing to do so are subject to
University disciplinary procedures.
Source of Authority: Vice President for Business Affairs
Cross Reference: Computer and Network Security, D-8.1
Contact for Revision: Computing and Telecommunications Advisory Committee
Forms: None
Concurrent Enrollment Program Index
Original Implementation: Unpublished Page 1 of 1
Last Revision: None
High school students with superior academic ability and achievement may be admitted
to Stephen F. Austin State University and enroll in college courses while completing
their high school studies.
Students must demonstrate the capability to successfully complete college studies.
The Concurrent Enrollment Program is open to high school students who have
generally completed three-fourths of the core high school graduation requirements and
have obtained a minimum grade point average of 85. The grade point average is
calculated on academic core courses and does not include such courses as band, choir,
or physical education. In addition, students must submit a minimum composite score
of 1010 on the SAT or 21 on the ACT. Students are also required to be exempt from
or have passing scores on all parts of the TASP test. A recommendation by the
student's high school principal or high school counselor must be submitted as well.
Source of Authority: Vice President for Academic Affairs
Cross Reference: General Bulletin
Contact for Revision: Vice President for Academic Affairs
Forms: None
PROCUREMENT CARD New
Original Implementation: July, 1999
Orders for supplies and small items in amounts not exceeding $2000 may be purchased using a
University Procurement Card (ProCard). The terms and conditions of the MasterCard
Procurement Card contract were specified and awarded by the General Services Commission for
the State of Texas. In addition to internal policies and procedures, Stephen F. Austin will
comply with the terms and conditions of the state contract in the implementation of this program.
Responsibilities
ProCards will be issued in the name of the employee with the State of Texas emblem and the
wording 'Official Use Only1 clearly indicated on the card. The ProCard is to be used for official
University business purposes only and may not be used for ANY personal transactions. The
employee is responsible and accountable for the security and documentation associated with the
use of the SFA Procurement Card. Documentation shall include maintaining a Transaction Log
with copies of all receipts and documentation of all purchases made with the ProCard. In
addition, all returns, credits and disputed charges must be listed and documented with the
Transaction Log.
The Account Manager or his/her designee is responsible for: 1) designating departmental
cardholders; 2) determining spending limits; 3) establishing yearly encumbrance amounts for
each account against which credit card charges will be made; and 4) approving monthly
reconciliations of ProCard cardholder statements and transaction logs to ensure purchases are
within SFA's policies and procedures and departmental budgets. Each card(s) issued to an
employee will indicate the FRS account number to which payments will be charged and will
designate whether the account is 'State' or 'Local'. Charges will be made to the account
associated with each card. Changing accounts after the expenditure is posted will not be
allowed. Account Managers should be sure that all employees issued a card understand the
departmental budget constraints under which they are to use the card.
The Purchasing Department is responsible for maintaining complete and accurate information
regarding ProCard users and associated credit limits, for establishing and updating restricted
Merchant Category Codes, and for determining compliance with University policies and
procedures through periodic audits and purchase order updates.
Card Use By Another Employee
The only person authorized to use the ProCard is the cardholder whose name appears on the card.
The cardholder may not allow someone else to use their card unless the cardholder and account
manager have completed a ProCard Use form and it is on file with the Program Coordinator in
the Purchasing Office.
Training and Issuing Cards
All account managers will be required to attend training and sign the Cardholder
Application/Approval Form before any cards will be issued to employees within the department.
All employees will be required to attend training and sign a Cardholder Agreement before being
issued a card.
Making A Purchase with the ProCard
1. Determine if the transaction is an acceptable use of the card
a. Items available through State Contract may not be purchased with the 'State' ProCard
without first checking minimum order amounts and spot purchase options.
b. Printing may not be purchased with the 'State' ProCard.
c. Computing related purchases with the 'State' ProCard must be from a Qualified
Information Systems Vendor (QISV).
d. Travel related purchases may not be made on any ProCard.
e. Services may not be purchased on any ProCard.
f. Capital and controlled equipment may not be purchased on any ProCard.
g. Purchases and invoicing may not be split to avoid purchasing procedures.
h. Refer to the Procurement Card Program Guide for others examples of Acceptable and
Unacceptable Purchases
2. Determine if the transaction is within the cardholder's spending limit. A transaction includes
the purchase price, plus freight and installation.
3. Identify the vendor. Consider whether the vendor may be classified in a restricted Merchant
Category Code.
4. Call or fax your order, visit the vendor, or place your order over the internet if you feel that
the site is secure. Confirm pricing including shipping and installation.
a. If a supplier requests a purchase order number, use a combination of initials and your
account number; for example: BKJ140400
b. The ProCard identifies Stephen F. Austin State University as being a tax exempt entity of
the State of Texas. The Cardholder should contact the Program Coordinator if a tax
exempt letter is needed for a vendor.
5. Shipping Instruction should include your building and room number. It is preferred that
these shipments do not come through Central Receiving. Request that your name and the
words "ProCard" appear on all packing lists and box labels. This will help ensure that your
shipment gets to you.
6. Remember it is the cardholder's responsibility to secure a receipt. The cardholder may need
to request that the receipt be faxed or included with the shipment.
7. A state agency may not pay for goods before their delivery to the agency. The purchaser
must ensure that goods will be received before the statement due date. Vendors should only
charge the account when goods are shipped. Back orders should not be charged until the
goods are shipped.
Transaction Log, Monthly Statement, Reconciliation and Approval
The Transaction Log is required and provides an audit trail for expenditures made with the
ProCard. Each individual purchase must be recorded in the log. See the Procurement Card
Program Guide for detailed instructions on completing the Transaction Log.
Upon receipt of the monthly statement from the credit card vendor, the cardholder shall reconcile
the statement with their Procurement Card Transaction Log and forward the reconciled statement
and transaction log to the Account Manager or his/her designee by the 18th day of the month.
The Account Manager or his/her designee must enter receiving information into the FRS system
for the assigned PO # by the 18th day of the month. The receiving entry should be an amount
equal to the statement. The Account Manager is responsible to verify that all purchases recorded
on the transaction logs are appropriate expenditures. While the account associated with the card
is still responsible for all monthly charges, the Account Manager should take necessary
disciplinary action with employees making inappropriate expenditures.
The transaction logs, along with the supporting documentation must be kept for three (3) years
plus the current fiscal year to comply with the University's Records Retention Schedule. These
are the official University records. The records for procurement card purchases will be required
for periodic audits by the Purchasing Office or when SFASU is audited by the General Services
Commission, the State Auditor or Internal Audit Services.
Card Termination
Be sure arrangements are made for people out of the office; i.e. vacation, sick leave, jury duty.
etc.
No exceptions will be made.
1. NON-USE - If it is found that a cardholder has not used the procurement card for three
consecutive months, this card may be terminated at the discretion of the Program
Administrator. Any cards so terminated will be re-issued within 9 months upon submission
of an Application/Approval Form and a Cardholder Agreement form. Beyond 9 months, the
individual will be required to attend training again before the card will be re-issued.
2. TERMINATION OF UNIVERSITY EMPLOYMENT - When a cardholder terminates
employment with the University, the department has specific obligation to reclaim the
ProCard and return it to the Program Coordinator prior to the employee termination date.
Failure to do so may result in the department being responsible to pay for any fraudulent
charges and revocation of all department card privileges. Verification of card return will be
part of an employee's exit interview with Personnel. Do not cut up cards.
3. TRANSFER TO A DIFFERENT UNIVERSITY DEPARTMENT - When a cardholder
changes employment from one University department to another, the department has specific
obligation to reclaim the ProCard and return it to the Program Coordinator prior to the
effective date of change. Failure to do so may result in revocation of all department card
privileges.
4. ACCOUNT MANAGER'S MONTHLY RECEIVING ENTRY - If the account manager
or his/her designee fails to make a receiving entry in the FRS system for the associated PO#
by the 18th of the month, he/she will be given one warning. Upon the next failure to meet the
receiving entry requirement, all credit cards for which approval was not received will be
deactivated. The cards will be reactivated after a 4-month waiting period.
5. INSUFFICIENT BUDGET - Payments will not be delayed due to insufficient department
budgets. In making adjustments to the purchase order amounts during the year, if an over
ride has to be made (in order to make payment) resulting in an account having a negative
balance which is not approved by the Budget Office, all cards utilizing the account in
question will be deactivated. The cards will be reactivated after a 4-month waiting period.
6. FAILURE TO PASS TRANSACTION LOG AUDIT - The Program Coordinator will
audit transaction logs on a periodic basis. Cards will be deactivated immediately for any
cardholder who fails to produce the transaction log or whose transaction log is incomplete
according to the Program Guide. The cardholder will be subject to a minimum 4-month
waiting period and will be required to attend training again before the card will be
reactivated. Upon the second failure to pass a transaction log audit, the card will be
permanently terminated.
7. CARD USE BY ANOTHER EMPLOYEE - Allowing someone else to use your card
without having completed a ProCard Use form will result in your card being deactivated.
The cardholder will be subject to a minimum 4-month waiting period and will be required to
attend training again before the card will be reactivated. Upon the second failure to comply,
the card will be permanently terminated.
8. VIOLATION OF PURCHASING PROCEDURES - If the cardholder violates the any
ProCard Purchasing Procedures outlined in this Program Guide, the card will be deactivated
immediately. The cardholder will be subject to a minimum 4-month waiting period and will
be required to attend training again before the card will be reactivated. Upon the second
violation of ProCard policies and procedures, the card will be permanently terminated.
9. FAILURE TO PROMPTLY REPORT A LOST OR STOLEN CARD - If a cardholder
fails to make a report of a lost or stolen card immediately upon discovery, the cardholder may
be required to reimburse the University for any fraudulent charges made on the card until it
has been cancelled, including a $50 deductible for fraudulent charges up to $15,000. The
University's FRS account will pay the charges and the employee will be required to
reimburse the University. The cardholder will be subject to a minimum 4-month waiting
period and will be required to attend training again before a new card will be issued. Upon
the loss of a second card, not additional cards will be issued to the cardholder.
10. ACCOUNT MANAGER AUTHORITY - The Account Manager or supervising Dean,
Vice President, or President has the authority to request that the Program Administrator
terminate an employee's card at any time for any reason. Any cards so deactivated may be
re-issued within 12 months upon submission of an Application/Approval Form and a
Cardholder Agreement form. Beyond 12 months, the employee will be required to attend
training again before a card will be re-issued.
Source of Authority: Texas Government Code, Title 10, Subtitle D, Chapters 2151 through
2176; President; Vice President for Business Affairs
Cross Reference: None
Contact for Revision: Director of Purchasing and Inventory
Forms: Procurement Card Program Guide, Cardholder Application/Approval Form, Cardholder
Agreement, Transaction Log, ProCard User Form, Disputed Items Form (all available
from the Purchasing Department)
DIGITAL MILLENNIUM COPYRIGHT POLICY
Original Implementation: July 27, 1999
Last Revision: New
I. Summary
The Digital Millennium Copyright Act (DMCA) creates a liability limitation for Internet
service providers (ISP) for certain copyright infringements created on-line. The
University serves as an ISP for faculty, staff, and students. The DMCA establishes
procedures whereby, upon receipt of proper complaints, the University will block access
to or take down allegedly infringing material and notify the web page owner of the
complaint. The alleged infringer may issue a properly executed counter-notice, upon
receipt of which, the University shall re-post the material in 10-14 days (unless there is
court action), and immediately forward such counter-notice to the original complainant.
Repeat infringers will be subject to termination of Internet service by the University. It is
the policy of the University to comply with these safe haven procedures created by the
DMCA.
II. Registered Agent
The University General Counsel shall be designated as the registered agent for receipt of
DMCA complaints. The complaint resolution team will include the following positions:
Manager of Systems, Assistant Systems Manager, Library Director, Associate Library
Director for Information Service, University Webmaster, Dean of Student Development,
Director of Student Activities, and General Counsel. Upon receipt of a DMCA
complaint, team members shall be responsible for assessing the complaint and
determining the exact location of the alleged infringing material. Assessing the
complaint would include a determination of whether the complaint contains all necessary
elements, and whether the complaint involves the University in its role as an ISP or the
University (and its employees) acting as a content provider. If the complaint is deficient,
a notice of deficiency shall be returned to the complainant with a courtesy copy
forwarded to the alleged infringer. No complaint will be deemed official, requiring take
down procedures, unless all elements of a proper complaint are included.
IE. Official Complaints
The following elements are required for DMCA complaints:
A. Must be signed or contain a digital signature by the owner of the copyright or the
authorized agent.
B. Description of works claimed to be infringed.
C. Description of location for alleged infringing works.
D. Sufficient information to contact the complainer.
E. Statement of good faith belief that the use is not authorized by the owner/agent.
F. Statement that the information in the notice is accurate and, under penalty of
perjury, the complainer is authorized to act on behalf of the owner.
IV. University as Content Provider
If a determination is made that the DMCA complaint involves the University as a content
provider and not an ISP, then careful consideration will be given to fair use exemptions
under the copyright act. Appropriate University officials will be notified to handle the
matter in a way similar to the way any claim of copyright infringement is handled.
V. Faculty/Graduate Students
The DMCA specifically defines when faculty or graduate students alleged infringement
on-line is or is not attributable to the institution as a content provider. Infringing
activities shall not be attributed to the institution if:
A. Such faculty members' or graduate students' infringing activities do not involve
the provision of on-line access to instructional materials that are or were required
or recommended, within the preceding three-year period, for a course taught at the
institution by such faculty member or graduate student;
B. The institution has not, within the preceding three-year period, received more than
two official DMCA complaints about the alleged infringer; and
The institution provides to all users of its system or network informational or network
informational materials that accurately describe, and promote compliance with, the laws
of the U.S. relating to copyright. See University Policy on Copyrighted Works
Reproduction A-12.
VI. Take Down Procedures
If the University is acting as an ISP, take down procedures will be automatically initiated
once an official complaint is received. The complaint resolution team will notify the
person responsible for the server to specifically locate the alleged infringing materials.
The Dean or Director for the area involved will also be immediately notified of the
official complaint. The Dean or Director shall immediately confer with the alleged
infringer and attempt the secure a voluntary take down of the alleged infringing material.
Such voluntary take down must be confirmed by the Dean or Director. If these
procedures cannot be completed within a reasonably quick time or voluntary take down
cannot be secured, then the Dean or Director shall immediately coordinate with the
person responsible for the server to take down the alleged infringing materials. The
General Counsel should be notified when the alleged infringing materials have been
removed.
VII. Counter-Notices
If the alleged infringer believes the official complaint is in error or that the complainant is
not the official copyright holder or agent, he or she can submit a counter-notice
containing the following elements:
A. Must contain a physical or electronic signature of the alleged infringer;
B. Identification of the removed material and the location at which it appeared;
C. A statement under penalty of perjury that the alleged infringer has a good faith
belief that the material was removed because of mistake or misidentification; and
D. The alleged infringer's name, address, telephone number, consent to the
jurisdiction of the Federal Court in which their address is located, and that they
will accept service of process from the official complainant.
Upon receipt of the counter-notice, the University shall immediately forward it to the
official complainant with an explanation that the University shall restore access to the
materials at issue within 10-14 days, unless notice is received that court action is pending.
VTIL Repeat Infringers
The University may terminate Internet service to repeat infringers who receive more than
two complaints in a three-year period. Repeat infringement shall constitute misuse of
University computers and network systems under Policy D-8.1, Computer and Network
Security. Sanctions procedures under that policy will be followed.
SOURCE OF AUTHORITY: Digital Millennium Copyright Act, Pub.L.No. 105-304, 112
Stat. 2860 (October 28, 1998)
CROSS REFERENCE: University Policies, Copyrighted Works Reproduction A-12,
Computer and Network Security D-8.1
CONTACT FOR REVISION: General Counsel
FORMS: Official Complaint Notice
FORM
POLICY D-8.2
OFFICIAL COMPLAINT NOTICE
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Dear Internet Service Subscriber:
You receive Internet services through Stephen F. Austin State University (SFA).
Pursuant to the DMCA, the University has received an official complaint from someone alleging
you have violated his or her copyright on-line. A copy of the complaint is attached.
The Digital Millennium Copyright Act (DMCA) creates a liability limitation for Internet
service providers (ISP) for certain copyright infringements created on-line. The University
serves as an ISP for faculty, staff, and students. The DMCA establishes procedures whereby,
upon receipt of proper complaints, the University will block access to or take down the allegedly
infringing material and notify you of the complaint. You may issue a properly executed counter-notice,
upon receipt of which, the University shall re-post the material in 10-14 days (unless
there is court action), and immediately forward such counter-notice to the original complainant.
Repeat infhngers will be subject to termination of Internet service by the University. It is the
policy of the University to comply with these safe haven procedures created by the DMCA.
Please remove the alleged infringing material immediately or the University will be
required to do so. The University can repost this material if you choose to issue a counter-notification
as described in University Policy D-8.2, Digital Millennium Copyright Policy. For
general information about copyright infringement, refer to University Policy A-12, Copyrighted
Works Reproduction.
Conflict of Interest in Sponsored A-l 1.5
Activities
Original Implementation: January 30,1996
Last Revision: NoBeJuly27, 1999
I. Policy Statement Relating to Conflict of Interest
A. These guidelines define general University policy and procedures regarding
financial conflicts of interest in relationship to sponsored activities involving research,
education, and University service. Their purpose is to protect the credibility and integrity
of Stephen F. Austin State University's faculty and staff so that public trust and
confidence in the University's sponsored activities is ensured.
B. In accordance with Federal regulations, the University has a responsibility to
manage, reduce, or eliminate any actual or potential conflicts of interest that may be
presented by a financial interest of an investigator. Thus, the University requires that
investigators disclose any significant financial interest that would reasonably appear to be
affected by sponsored activities.
C. A potential conflict of interest occurs when there is a divergence between an
individual's private interests and his or her professional obligations to the University,
such that an independent observer might reasonably question whether the individual's
professional actions or decisions are determined by considerations of personal gain,
financial or otherwise. An actual conflict of interest depends on the situation and not on
the character or actions of the individual.
D. For purposes of this policy, a conflict of interest exists when the University,
through procedures described herein, reasonably determines that a significant financial
interest could directly and significantly affect the design, conduct, or reporting of
sponsored activities.
E. Effective interaction between universities conducting research and industry is
essential to ensure the rapid application of scientific discoveries to the needs of the
Nation and to maintain the international competitiveness of domestic industry.
Nonetheless, prudent stewardship of public funds includes protecting sponsored research
from being compromised by the conflicting financial interests of any investigator
responsible for the design, conduct, or reporting of sponsored activities.
F. The value of the results of sponsored research to the health and the economy of
the Nation must not be compromised by any financial interest that will, or may be
reasonably expected to, bias the design, conduct, or reporting of the research. This policy
seeks to maintain a reasonable balance between these competing interests, give the
University the ability to identify and manage financial interests that may bias the
research, and minimize reporting and other burdens on the Investigator.
G. The University will take all necessary steps to assure that any identified conflicts
of interests will be managed, reduced, or eliminated prior to the University's expenditure
of any funds under an award and certify to the funding agency that this has been done.
Conflicts which cannot be satisfactorily managed, reduced, or eliminated must be
disclosed to the funding agency.
n. Definitions
A. Conflict of interest exists if the reviewers) of disclosures determines that a
significant financial interest could directly and significantly affect the design, conduct, or
reporting of sponsored activities.
B. The term Investigator, as used in this policy, means the principal investigator
project director, co-principal investigators), and any other person who is responsible for
the design, conduct, or reporting of research, educational, or service activities funded, or
proposed for funding by an external sponsor. In this context, the term Investigator also
includes the investigator's spouse and dependent children.
C. Sponsored activities include research, education, service, or training activities
funded by an external sponsor.
D. Significant financial interest means anything of monetary value, included, but
not limited to:
1. Salary or other payments for services (e.g., consulting fees or
honoraria)
2. Equity interests (e.g., stocks, stock opti6ns, or other ownership
interests)
3. Intellectual property rights (e.g., patents, copyrights, and
royalties from such rights)
The term does not include:
1. Salary, royalties, or other remuneration from the University
2. Income from seminars, lectures, or teaching engagements
sponsored by public or nonprofit entities
3. Income from service on advisory committees or review panels
for public or nonprofit entities
4. An equity interest that, when aggregated for the Investigator
and the Investigator's spouse and dependent children, meets both of the
following tests: does not exceed $10,000 in value as determined
through reference to public prices or other reasonable measures of fair
market value, and does not represent more than a five percent
ownership interest in any single entity
5. Salary, royalties or other payments that, when aggregated for
the Investigator and the Investigator's spouse and dependent children
over the next twelve months, are not expected to exceed $10,000.
III. Guidelines
A. Each Investigator is required to disclose the following significant financial
interests:
1. Any significant financial interest of the Investigator that
would reasonably appear to be affected by the research or educational
activities funded, or proposed for funding, by an external sponsor, or
2. Any significant financial interest of the Investigator in an
entity whose financial interest would reasonably appear to be affected
by the research or educational activities funded, or proposed for
funding, by an external sponsor.
3. Regardless of the above minimum requirements, a faculty or
staff member in his or her own best interest, may choose to disclose
any other financial or related interest that could present an actual
conflict of interest or be perceived to present a conflict of interest
Disclosure is a key factor in protecting one's reputation and career from
potentially embarrassing or harmful allegations of misconduct
B. Each Investigator who has significant financial interest requiring disclosure shall
complete a Significant Financial Interests Disclosure Form and attach all required
supporting documentation. The completed Disclosure Form must be submitted with the
proposal and Proposal Clearance Form (PCF) to the Office of Research and Sponsored
Programs using normal University procedures. Supporting documentation that identifies
the business enterprise or entity involved and the nature and amount of the interest should
be submitted in a sealed envelope marked confidential and accompany the Disclosure
Form and PCF.
C. As required by Federal regulation, all significant financial interests must be
disclosed prior to the time a proposal is submitted. All financial disclosures must be
updated by investigators during the period of the award as new reportable significant
Financial interests are obtained. New reportable significant financial interests includes
financial interests that become reportable due to an increase in value that meets the
reporting threshold, as well as the acquisition of new interests that are reportable.
D. The Coordinator of Research and Sponsored Programs, or official designee,
shall conduct an initial review of all financial disclosures. If the initial determination is
made that there may be a potential for conflict of interest covered by this policy, then the
Disclosure packet will be referred to an Investigating Committee. Committee members
are appointed by the Vice President for Academic Affairs after consultation with the
Associate Vice President for Graduate Studies and Research, with this person serving as
chair. A conflict of interest exists when the Investigating Committee reasonably
determines that a significant financial interest could directly and significantly affect the
design, conduct, or reporting of the proposed sponsored activities. The Committee shall
then determine what conditions or restrictions, if any, should be imposed by the
institution to manage actual or potential conflicts of interest arising from disclosed
significant financial interests.
E. Collaborators/subrecipients/subcontractors from other academic or not-for-profit
institutions must either comply with this policy or provide a certification from their
institutions that they are in compliance with Federal policies regarding investigator
significant financial interest disclosure and that their portion of the project is in
compliance with their institutional policies. Subcontractors from commercial firms need
not make a certification, except when the prime award is from the Public Health Service
(PIIS). The PHS requires a certification from any subcontractor, including commercial
firms, stating that it is in compliance with Federal policies regarding investigator
significant financial interest disclosure and that its portion of the activity is in compliance
with those policies.
IV. Finding of Presence of Conflict of Interest
A. Resolution
1. Resolution of any potential or actual conflicts of interest will
not be required until after funding has been approved and prior to any
expenditure of funds under the award.
2. The Investigating Committee, along with the Investigator, will
proceed to resolve any actual or potential problems revealed by the
initial review of financial disclosures. In order for the conflict to be
managed, reduced, or eliminated, the Committee may recommend:
a) Public disclosure of significant financial
interests;
b) Monitoring of sponsored activities by
independent reviewers;
c) Modification of the sponsored activity plan;
d) Disqualification from participation in all or a
portion of the activity funded that would be affected
by the significant financial interests;
e) Divestiture of significant financial interests;
or
f) Severance of relationships that create actual
or potential conflicts of interest.
3. if the Investigating Committee determines that imposing the
above referenced conditions or restrictions would either be ineffective
or inequitable, and that the potential negative impacts that may arise
from a significant financial interest are outweighed by interests of
scientific progress, technology transfer, or the public health and
welfare, then the Committee may recommend that, to the extent
permitted by Federal regulations, the sponsored activity go forward
without imposing such conditions or restrictions. In these cases, the
Vice President for Academic Affairs and the Associate Vice President
for Graduate Studies and Research shall make the final decision
regarding resolution.
4. The approved resolution plan shall be documented in writing
detailing the conditions or restrictions imposed upon the Investigator in
the conduct of the sponsored activity or in the relationship with the
business enterprise or entity.
5. Actual or potential conflicts of interest will be satisfactorily
managed, reduced, or eliminated in accordance with these guidelines
and all required reports regarding conflicts of interest submitted to the
sponsor prior to the expenditure of any funds under an award.
B. Records of Investigator financial disclosures and of actions
taken to manage actual or potential conflicts of interest, shall be
retained by the Office of Research and Sponsored Programs until three
(3) years after the later of the termination or completion of the award to
which they relate, or the resolution of any government action involving
those records.
V. Enforcement
A. The Vice President for Academic Affairs shall be responsible for determining
and implementing sanctions on Investigators who have violated this policy in terms of a
conflict of interest resolution. The Investigator shall be notified in writing of the
recommended sanctions within twenty (20) days. If the sanctions involve a
recommendation for termination of employment, the University academic termination
procedures will be invoked. The University must take action appropriate for the
seriousness of the violation, including, but not limited to, one or more of the following,
subject to existing University policies for institutional disciplinaiy action:
1. Termination
2. Removal from particular activity
3. Special monitoring of future work
4. Letter of reprimand
5. Probation for specified period with conditions specified
B. The University shall follow Federal regulations regarding the notification of the
sponsoring agency in the event an Investigator has failed to comply with this policy. The
sponsor may take its own action as it deems appropriate, including the suspension of
funding for the Investigator until the matter is resolved.
Individuals may appeal the judgment and/or the sanction. A written statement of the grounds for the appeal
must be submitted to the President within thirty (30) days of written notification of the sanctions. Grounds
for appeal include, but are not limited to, previously unconsidered material evidence, sanctions not
commensurate with the finding, and failure to follow the prescribed process. Upon receipt of a written
appeal, the President will evaluate the evidence and make a determination. The President will open an
investigation if the previously unconsidered material evidence so warrants and may open an investigation if
circumstances so dictate. The President's decision will be conveyed to all involved in a timely fashion, but
must be conveyed within thirty (30) working days. In the case of termination, the appropriate University
policies on termination for cause shall be followed.
VI. Other Policies
This policy has been developed in response to Federal guidelines for sponsored activities. State ethics laws
regarding employee conduct may also apply to situations involving potential conflicts of interest.
Employees are encouraged to cross reference the policies listed below and to alert their supervisors) of any
situation that may be perceived as a potential conflict of interest
Source of Authority: Vice President for Academic Affairs
Cross Reference: 42 CFR part 50, .45 CFA subtitle A, NSF GPM 510; Faculty Handbook; University
Policy E-15. Employee Conduct: University Policy E-56. Ethics Policy Statement
Contact for Revision: Associate Vice President for Graduate Studies and Research
Forms: Significant Financial Interest Disclosure Form
Return to Policy & Procedure Main Page
Copyrighted Works Reproduction A-12
Original Implementation: 1979
Last Revision: July 11, !Q98July 27, 1999
The copyright law (Public Law 94-533) affects everyone involved in
photocopy reproduction and all types of reproduction and/or use of other's
works. The following guidelines provide general copyright information
useful to the academic community.
I. Public Copy Machines
All public copy machines or public copy centers on campus must
have a warning notice on or near each machine, which states that
the responsibility for copyright infringement rests with the
user. The use of printed copyright warnings transfers
responsibility for copyright compliance to the individual user.
All employees who assist in making copies must comply with the
fair use guidelines below. Public copy machine users are
encouraged to follow these fair use guidelines, copies of which
shall be made available at a reasonable location near public copy
machines.
II. General Fair Use Guidelines
Only the following copies may be made from copyrighted works:
A. A single copy of one or more chapters from a book, one or more
articles from a periodical title, one or more short stories,
essays, short poems, charts, graphs, diagrams, drawings,
cartoons, or pictures, provided the amount of copying does not
exceed 10% of the entire volume.
B. Copies in excess of this amount may be permissible in some
circumstances under fair use. The following factors will be
considered:
1. the purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
2. the amount and substantiality of the portion used in
relation to the copyrighted work as a whole;
3. the nature of the copyrighted work; and
4. the effect of the use upon the potential market for
or value of the copyrighted work.
Refer to 17 U.S.C. 504 (c)(2) within the copyright law.
C. A single copy of an excerpt from a musical work, provided the
excerpt is less than 10% of the entire work and is less than a
performable unit, such as a section, movement or aria.
D. A single copy of an entire work, provided a copy cannot be
obtained at a fair price.
III. General Guidelines on Public Works
Free use of materials not protected by copyright is permitted for
public works. The presence or absence of a copyright notice is no
longer of significance in determining what is a protected
copyright or a public work. Older works published without a
notice may be in the public domain, but for works created after
March 1, 1989f absence of a notice is non-determinative. The
following guidelines may be used to determine what constitutes a
public work.
A. Works that lack originality (e.g., phone book)
B. Works in the public domain (no longer protected by copyright)
C. Free ware (must be expressly stated)
D. U.S. Government works
E. Facts
F. Ideas, processes, methods, and systems described in
copyrighted work that is not otherwise protected by patents.
IV. Special Library Guidelines
Libraries are authorized to exercise special rights in addition
to fair use. These rights are described in Section 108 of the
copyright law. They allow copying for archiving lost, stolen,
damaged, or deteriorating works, making copies for library
patrons, and making copies for other libraries' patrons
(interlibrary loan).
A. Copies made by library staff for patrons generally
1. All of the general fair use requirements listed
above apply for patron copying.
2. Only single copies, and no multiple copies, will be
made.
3. Copy requests exceeding these limitations must be
refused.
B. Copies made by library staff for reserve and for a faculty
member's classroom use
1. All of the general fair use requirements listed
above apply for single or multiple copies.
2. Multiple copying may not exceed one copy per
student, and may not be repeated with respect to the
same item by the same instructor from term to term.
3. Copy requests exceeding these limitations must be
refused.
C. Copies made by library staff for purposes of collection
maintenance
A published work may be duplicated to replace a copy
that is damaged, deteriorating, lost or stolen,
provided that after a reasonable effort the vLibrary has
determined that an unused replacement cannot be
obtained at a.fair price.
An unpublished work may be duplicated for purposes of
preservation or security or for deposit for research
use in another library.
D. Interlibrary loan copying
The library may annually acquire, through interlibrary
loan, up to five copies of articles published in any
title within the last five years. If a request exceeds
the five articles permitted, the Access Services
Department will apprise the patron of other options.
E. Digitizing other's works in electronic reserves
1. Limit reserve materials to
a. single articles or chapters; several
charts, graphs or illustrations; or other
small parts of a work
b. small part of materials required for the
course
c. copies of material a faculty member or the
library already possesses legally (i.e., by
purchase, license, fair use, interlibrary
loan, etc.)
2. Include
a. any copyright notice on the original
b. appropriate citations and attributions to
the source
c. a Section 108(f)(l) notice indicating that
making a copy may be subject to copyright
law.
3. Limit access to students enrolled in the class and
administrative staff as needed. Terminate access at end
of class term.
4. Obtain permission for repeated use of materials by
the same instructor for the same class.
F. Copying with permission of the copyright owner
Sections 1-5 are concerned with the copying that can be
legally done without obtaining the copyright owner's
permission. The Library may not make copies in excess
of the limits stated in the above sections without the
permission of the copyright owner. It is the user's
responsibility to obtain permission of the owner when
such permission is needed. It is suggested that in
requesting permission, the user state the purpose for
the copying and the number of copies being requested.
When the user presents evidence of the owner's
permission, the library may copy within the limits of
the permission statement.
V. Guidelines for Coursepacks
The General Fair Use Guidelines are applicable to coursepacks.
Copyright notices, appropriate citations and attributions should
be included. The faculty/staff member who compiles the coursepack
materials shall be responsible for complying with these
guidelines. Permission must be obtained for materials that will
be repeatedly used by the same instructor for the same class.
Using a commercial copy shop does not necessarily relieve the
coursepack creator of liability, unless the above guidelines are
followed or the copy shop pays appropriate royalties. Campus copy
centers are not permitted to copy coursepacks, unless these
guidelines are followed.
VI. Computer Software
As previously explained only explicitly stated freeware, not
shareware or other licensed software, is allowed to be freely
used without a license. Appropriate licenses must be obtained for
all other software use. The software user is responsible for
reading and complying with all "shrink wrapped" or other license
agreements. Other University computer use policies shall also
apply.
VII. Guidelines for Music
The University maintains some general licenses for copyrighted
music use with BMI and ASCAP for specific use areas (e.g.,
College of Fine Arts, Student Activities, etc.). Beyond those
areas, use of music must be licensed or specific permission
obtained. General guidelines for copying music are outlined
below.
A. Limit copying as follows:
1. sheet music, entire works: only for performances and
only in emergencies
2. sheet music, performable units (movements, sections,
arias, etc.); only if out of print
3. student performances, record only for teacher or
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First and foremost, if an image is readily available online or
for sale or license at a fair price, point to, purchase, or
license the image. If an image is not readily available online or
for sale or license at a fair price, digitize and use the image
in accordance with the following limitations:
A. Limit access to all images except "thumbnails" to students
enrolled in the class and administrative staff as needed.
Terminate access at the end of class term.
B. "Thumbnails" are visual identification tools of a size and
quality that makes them commercially useless. Since thumbnails
are of no commercial value, fair use would permit their use
without restriction.
C. Faculty members may also use these images at peer conferences.
D. Students may download, transmit and print out these images for
personal study and for use in the preparation of academic course
assignments and other requirements for degrees, may publicly
display images in works prepared for course assignments, etc.,
and may keep works containing images in their portfolios.
E. Periodically review digital availability. If a previously
unavailable image becomes available online or for sale or license
at a fair price, point to or acquire it.
XI. Digitizing and Using Other's Works in Multimedia Materials For
Educational Purposes
The CONFU Fair Use Guidelines for Educational Multimedia suggest
that fair use requires adherence to specific numerical portion
limits, that copies of the multimedia work that includes the
works of others should be strictly controlled, and that fair use
"expires" after 2 years. The following general guidelines
acknowledge that these are important considerations, but that the
CONFU numerical limits do not constitute the outer limits of fair
use.
The guidelines below allow for the creation of unique works
within the limitations provided, but not to make multiple copies
and give them out. (Multimedia works which include the use of
other's works and will be licensed, distributed or sold, must
obtain appropriate permission from each applicable copyright
holder.)
A. Students, faculty and staff may
1. incorporate other's works into a multimedia work
2. display and perform a multimedia work in connection
with or creation of
a. class assignments
b. curriculum materials
c. remote instruction
d. examinations
e. student portfolios
f. professional symposia
B. Be conservative. Use only small amounts of other's works.
C. Provide appropriate acknowledgments to the work of others.
D. Do not make any unnecessary copies of the multimedia work.
XII. Permission
In all circumstances other than the specific fair use guidelines
described above, permission must be obtained from the copyright
holder. Advance planning is important to purchase, license or
otherwise obtain appropriate permission for use of copyrighted
material.
XIII. General InformationPersonal Liability
Personal liability for copyright infringement can be created for
willful acts. This policy has been formulated to provide specific
guidance on the variety of circumstances where fair use is
permissible. The copyright law provides a good faith fair use
defense [17 USC 504 (c) (2)]. It applies only if the person who
copied material reasonably believed that what he or she did was
fair use. Adherence to this policy will help protect the SFA
academic community from potential copyright liability.
Recent federal legislation entitled the No Electronic Theft (NET)
Act creates criminal penalties for non-commercial copyright
infringement of a sufficient dollar value. The academic community
must be aware that distribution of pirated computer software or
other copyrighted material on computer bulletin boards or other
methods of distribution may constitute a federal crime,
regardless of whether or not the infringer receives any financial
gain.
Thejpigital Mi^lenniu^J^
jt-^^^^ for certain copyright
infringements created on-line. The University's registered agent for
on-line copyright infringement complaints shall be the General
Counsel. The DMCA establishes procedures whereby, upon receipt of
proper complaints, JthgJUfriiyer^ to or take down
allegedly infringing "material and notify"the web page owner of the
complaint. The alleged infringer may issue a counter-notice, which
includes a signature, description of removed material, explanation why
the material did not infringe any copyright, and their name, address
and phone number, withja_consjsnjt^^
T7T~^ of this counter-notice, the University shall
re-post the material. Repeat infringers wiillll bb e subbjj ect tt o
termination of internet service by the University. See University
Policy, Computer and Network Security D-8.1 and Digital Millennium
Copyright Policy
Further information can be obtained by accessing the webpage of
the U.S. Copyright Office within the Library of Congress at:
http://www.lcweb.loc.gov/copyright/. You may also contact the
University's General Counsel with specific inquiries.
Source of Authority: 17 U.S.C. section 101 et seq., NET Act H.R. 2265 105th
Congress, Digital Millenium Copyright Act, Pub.L.No. 105-304,112 Stat. 2860
(October 28, 1998), CONFU Guidelines, Vice President for Academic Affairs
Cross Reference: NoReUniversity Policies, Computer and Network Security D-8.1,
and Digital Millennium Copyright Policy
Contact for Revision: Director of University Libraries, General Counsel
Forms: None
Misconduct in Research and Scholarly A-31.5
Activity
Original Implementation: April 27,1994
Last Revision: None
I. Policy Statement Relating to Misconduct in Research
A. Stephen F. Austin State University strives to create a climate that promotes faithful adherence to high ethical
standards in the conduct of scientific research, scholarship, and creative activities without inhibiting the productivity and
creativity of the academic community. Misconduct in research/scholarly activity is an offense that damages the reputation not
only of those involved but also of the entire educational community.
B. Misconduct in research means fabrication, falsification, plagiarism, or other practices that materially deviate from
those that are commonly accepted within the scientific and scholarly community for proposing, conducting, or reporting
research or other scholarly activity. It does not include honest errors or honest differences in interpretations or judgments.
C. Misconduct in research/scholarly activity is a major breach of the relationship between a faculty or staff member and
the institution. In order to maintain the integrity of research projects, every investigator should keep an auditable record of
experimental protocols, data, and findings. Co-authors on research reports/or scholarly works of any type must have a bona
fide role in the research and must accept responsibility for the quality of the work reported.
D. Any inquiry or investigation of allegations of misconduct in research/scholarly activity must proceed promptly and
with due regard for the reputation and rights of all individuals involved.
E. The University will take all reasonable steps to assure that the persons involved in the evaluation of the allegations
and evidence have appropriate expertise and that no person involved in the procedures is either biased against the accused
person(s) or has a conflict of interest
n. Procedures for Addressing Misconduct in Research/Scholarly Activity
A. Initial allegations, in writing, must be reported to the Vice President for Academic Affairs. If the Vice President for
Academic Affairs has a possible conflict of interest, the allegations will be referred to the President of the University.
The Vice President for Academic Affairs shall informally review any allegations of misconduct in research and scholarship
and determine whether the allegation warrants initiation of the inquiry process according to the policies and procedures for
misconduct in research and scholarship, or whether other policies and procedures, such as those relevant to employment
grievances should be invoked. The Vice President for Academic Affairs will counsel the individual(s) bringing the allegation
as to the policies and procedures to be used. If the reporting individual chooses not to make a formal allegation but the Vice
President for Academic Affairs believes that reasonable cause exists to warrant an inquiry, the inquiry process shall be
initiated.
Even if the individual against whom the allegation is made (hereafter referred to as the respondent) leaves or has left the
University before the case is resolved, the University wtH-may pursue an allegation of misconduct to its conclusion.
Once an allegation is made, the identity of the respondent will be held in strict confidence to the extent allowed by law to
protect the individual involved.
Where the complainant seeks anonymity, the Vice President for Academic Affairs shall operate in such a way as to maintain
the anonymity to the degree compatible with accomplishing the initial review. Such anonymity cannot, however, be assured.
Further, anonymity of the complainant is neither desirable nor appropriate where the testimony or witness of the complainant
is important to the substantiation of the allegations.
B. Inquiry
1. Purpose
Whenever a warranted allegation or complaint involving the possibility of misconduct is made, the Vice President
for Academic Affairs shall initiate an inquiry. In the inquiry stage, factual information is gathered and expeditiously
reviewed to determine if an investigation of the charge is warranted. An inquiry is designed to separate allegations
deserving of further investigation from frivolous, unjustified, or clearly mistaken allegations.
2. Structure
a. The Vice President for Academic Affairs shall, after a decision to proceed with an inquiry, appoint an
individual to conduct an official inquiry. This individual will have no conflict of interest, hold no
appointment in the departments of either the complainant or the respondent, and have appropriate expertise
for evaluating the information relevant to the case. Every effort will be made following initial
administrative review of the allegation to appoint an individual within fifteen (15) working days, but the
individual must be appointed within thirty (30) working days.
b. Records of the inquiry are confidential to the extent allowed by law and are to be passed on to a
Committee of Investigation if formal review is initiated. In any case, the records shall be kept secure, and if
no misconduct is found, the records should be destroyed^hreeyeare alter cempletie
d ith T l A h i f h idiidl di h ii
, yy p^aftkiquiiyin
accordance with Texas law. At the option of the individual conducting the inquiry, proceedings either will
be tape recorded or transcribed and the records will be made available to appropriate and involved parties
upon request.
c. The inquiry phase will be completed within sixty (60) calendar days of its initiation unless the individual
determines that circumstances clearly warrant a longer period. In such circumstances, the individual will
advise the Vice President for Academic Affairs who will advise all relevant parties. The record of the
inquiry will include documentation of the reason for exceeding the sixty (60) day period.
d. All principals in the inquiry may be accompanied by a representative for advice and counsel. However,
since the inquiry is informal and intended to be expeditious, principals must speak for themselves.
3. Process
a. The Vice President for Academic Affairs is responsible for notifying all parties in writing of the
allegations and of the procedures that will be used to examine the allegations. Further, they will be
informed of the individual proposed to conduct the inquiry for the purpose of identifying in advance any
actual or potential conflict of interest.
b. Information, expert opinions, records, and other pertinent data may be requested by the individual
conducting the inquiry. All involved parties are obliged to cooperate with this individual by supplying such
requested documents and information.
c. During the inquiry, access to copies of all documents reviewed by the individual conducting the
inquiry will be assured to all appropriate parties. All materials will be considered confidential to the extent
allowed by law and shared only with those with a need to know. During the inquiry, the Vice President for
Academic Affairs and the individual conducting the inquiry are responsible for security of relevant
documents. Copies of all documents and related communications are to be securely maintained in the
Office of Research and Sponsored Programs.
d. All parties to the case, including the individual conducting the inquiry, shall have the opportunity
to present evidence and to call witnesses.
4. Findings
a. The completion of an inquiry is marked by a determination of whether or not an investigation is
warranted. The individual conducting the inquiry shall find no misconduct unless it is concluded, based on
the preponderance of evidence for each allegation, that the allegations) have sufficient merit to call for an
investigation. The outcome of the inquiry will be conveyed in writing to the Vice President for Academic
Affairs, who will be responsible for communication of the findings to the respondent within ten working
days. The respondent shall be given the opportunity to comment in writing upon the findings and
recommendations of the inquiry. If the respondent chooses to comment, such comments must be forwarded
as soon as possible within ten (10) working days.
b. If the outcome of the inquiry indicates a need for formal investigation, the Vice President for
Academic Affairs shall, after notification to the appropriate Dean(s) and legal counsel, initiate the
investigatory process. Under certain circumstances, as defined by the applicable federal regulations, the
institution may be expected to notify the sponsoring agency or funding source prior to the initiation of an
investigation. Factors used to determine the timing of such notification include the following: (1) There is
an immediate health hazard involved; (2) There is an immediate need to protect federal funds or equipment;
(3) There is an immediate need to protect the interests of the person(s) making the allegations or of the
individual(s) who is(are) the subject(s) of the allegations as well as his/her(their) co-investigators and
associates, if any; (4) It is probable that the alleged incident is going to be reported publicly; or (5) There is
a reasonable indication of possible criminal violation.
c. If an allegation is found to be unsupported but has been submitted in good faith, no further action,
other than informing all parties, will be taken. The proceedings of an inquiry, including the identity of the
respondent, will be held in strict confidence to the extent allowed by law to protect the parties involved. If
confidentiality is breached, the University will take reasonable steps to minimize the damage to reputations
that may result from inaccurate reports.
d. If the individual conducting the inquiry finds the allegations to be unjust and malicious, those
findings will be reported to the Vice President for Academic Affairs. At this time the Vice President for
Academic Affairs may take such actions or impose such sanctions as are appropriate to the situation.
C. Investigation and Determination
1. Purpose
An investigation will be initiated when an inquiry results in a finding that investigation is warranted. The
purpose of investigation is to explore the allegations further and determine whether misconduct in research
and scholarship has been committed. The investigation will focus on accusations of misconduct as defined
previously and examine the factual materials of each case. In the course of an investigation, additional
information may emerge that justifies broadening the scope of the investigation beyond the initial
allegations. The respondent will be informed in writing when significant new directions of investigation ait
undertaken.
2. Structure
a. The Vice President for Academic Affairs will, after a decision to proceed with an investigation, and after
consultation with the chair of the University Research Council, appoint an Investigating Committee of no
less than three persons. At least two members will be senior faculty who are without conflict of interest,
hold no appointment in the departments of either the complainant or the respondent, and have appropriate
expertise for evaluating the information relevant to the
aot-asso6*ated~wi&-Stephefr£rA^ The individual who conducted the inquiry shall not
serve on the Investigating Committee. Following receipt of the inquiry report, every effort will be made to
appoint an Investigating Committee within fifteen (IS) working days, but the Committee must be appointed
within thirty (30) working days.
b. At its first meeting, the Committee will elect a chairperson to handle procedural and administrative
matters.
c. Hearings are confidential.-fiiKl~may4>e-deekj^-etos^ Written
notification of hearing dates and copies of all relevant documents will be provided by the Vice President for
Academic Affairs in advance of scheduled meetings. At4he eptioa<>f4he^SomfmtteerPproceedings either
will be tape recorded^ ertranseribedrbut not the Committee's deliberations.and the records will be made
available to involved parties upon request
d. Every effort should be made to complete the investigation within 120 days; however, it is acknowledged
that in some cases this time period may be difficult to meet In such cases, the Investigating Committee
shall compile a progress report, identify reasons for the delay, and notify the Vice President for Academic
Affairs of the additional time necessary for the investigation. The Vice President for Academic Affairs
shall convey to the funding agency such information as may be required by it at intervals as required by the
agency.
e. Both the principals and the Investigating Committee may discuss the issues personally or have a
representative accompany them.
3. Process
a. The Vice President for Academic Affairs is responsible for notifying all parties in writing of the
allegations and of the procedures that will be used to examine the allegations. Further, they will be
informed of the proposed membership of the Committee of Investigation for the purpose of identifying in
advance any actual or potential conflict of interest
b. All parties to the case, including the Investigating Committee, may present evidence and call and
examine or cross-examine witnesses. The investigation normally will include examination of all
documentation, including, but not necessarily limited to, relevant research data and proposals, publications,
correspondence, and memoranda of telephone calls. The Committee will make every attempt to interview
all individuals involved in making the allegation or against whom the aUegation is made, as well as other
individuals who might have information regarding key aspects of the allegations; complete summaries of
these interviews will be provided to the interviewed parly for comment or revision and included as part of
the investigatory file. Additional hearings may be held, and the Committee may request the involvement of
outside experts The investigation must be sufficiently thorough to permit the Committee to reacha
decision about the validity of the allegations) and the scope of the wrongdoing or to be sure that further
investigation is not likely to alter an inconclusive result In addition to making a judgment
of the charges, the Committee may recommend to the Vice President for Academic Affairs appropriate
sanctions if warranted.
c. As the University is responsible for protecting the health and safety of research subjects, students, and
staff, interim administrative action prior to conclusion of either the inquiry or the investigation may be
indicated. Such action, ranging from slight restriction to complete suspension of respondent and
notification of external sponsors, if indicated, is initiated by the Vice President for Academic Afl&irs.
d. All parties in the investigation are encouraged to cooperate by producing any additional data requested
for the investigation. Copies of all materials secured by the Committee shall be provided to the respondent
and may be provided to other concerned parties as judged appropriate by the Committee.
e. The respondent shall have an opportunity to address the charges and evidence in detail. -
f. After all evidence has been received and hearings completed, the Investigating Committee shall meet in
closed sessions to deliberate and prepare its findings and recommendations. The Committee shall find no
academic misconduct unless a majority of the members conclude that the preponderance of the credible
evidence substantiates the allegation(s).
g. All significant developments during the investigation as well as the findings and recommendations of the
Committee will be reported by the Vice President for Academic Afl&irs to the research sponsor if
appropriate.
4. Findings
a. Upon completion of the investigation, the Committee will submit to the Vice President for Academic
Affairs a full written report that details the Committee's findings and recommendations. The Committee's
findings are binding upon the Institution subject to appeal by the respondent.
b. This report shall also be sent to the respondent by the Vice President for Academic Affairs within ten
(10) days of its receipt.
5. Resolution
a. Finding of Absence of Academic Misconduct
All research sponsors and others initially informed of the investigation will be informed in writing that
allegations of misconduct were not supported. If the allegations are deemed to have been maliciously
motivated, the Committee will report those findings to the Vice President for Academic Affairs. If the
allegations, however incorrect, are deemed to have been made in good faith, no additional measures are
indicated and efforts will be made to prevent retaliatory actions. In publicizing the finding of no
misconduct, the University will be guided by whether public announcements will be harmful or beneficial
in restoring any ieputation(s) that may have been damaged. Usually, such decision will rest with the person
who was innocently accused.
b. Finding of Presence of Academic Misconduct
The Vice President for Academic Aflairs shall consider the recommendations of the Committee and shall
be responsible for determining and implementing sanctions. The respondent shall be notified in writing of
the recommended sanctions within twenty (20) days. If the sanctions involve a recommendation for
termination of employment, the University academic termination procedures will be invoked. The
University must take action appropriate for the seriousness of the misconduct, including, but not limited to,
one or more of the following, subject to existing University policies:
1) Institutional Disciplinary Action including:
o Removal from particular project
o Special monitoring of future work
o Letter of reprimand
o Probation for specified period with conditions specified
o Suspension of rights and responsibilities for a specified period, with or without salary
o Financial restitution
o Termination of employment/enrollment
2) Notification. The Vice President for Academic Affairs is responsible for notification of the
outcome to all federal agencies, sponsors or other entities initially informed of the investigation.
Consideration should be given to formal notification of involved parties such as:
o Sponsoring agencies, funding sources
o Co-authors, co-investigators, collaborators, department, University publications
o Editors of die journal (s) in which fraudulent research was published
o State professional licensing boards
o Editors of journals or other publications, other institutions, sponsoring agencies, and funding
sources with which the individual has been affiliated
o Professional societies
3) Interim sanctions may be imposed during the appellate process.
6. Appeal
Individuals may appeal the judgment of the Investigating Committee and/or the sanction. A written statement of the
grounds for the appeal must be submitted to the President within thirty (30) days of written notification of the
sanctions. Grounds for appeal include, but are not limited to, previously unconsidered material evidence, sanctions
not commensurate with the finding, and failure to follow the prescribed process. Upon receipt of a written appeal,
the President will evaluate the evidence and make a determination. The President shall reopen the investigation if
the previously unconsidered material evidence so warrants and may reopen the investigation if circumstances so
dictate. The President's decision will be conveyed to all involved in a timely fashion, but must be conveyed within
thirty (30) working days. In the case of termination, the appropriate University policies on termination for cause
shall be followed.
Source of Authority: Vice President for Academic Affairs
Cross Reference: None
Contact for Revision: Director of Research Services
Forms: None
Return to Policy & Procedure Main Pages
OUT-OF-STATE TRAVEL/STUDY
Original Implementation: September, 1981
Last Revision: September, 1990 Current date
Out-of-state travel courses are those courses whose fundamental content is based on the use
of natural or cultural resources found outside the state and in which a majority of
instruction is delivered out-of-state. They do not include courses delivered on campus in
which incidental travel to another state for enrichment activities occur.
Requests for courses involving out-of-state travel must be routed, using an "Out-of-State
Travel/Study Course Request Form", for approval via the instructor's department Chair
school college dean, the Director of Continuin

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Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas July 27,1999 (as amended) Volume 162 Board Minutes for July 27,1999 Table of Contents 99-82 Approval of April 20,1999 Minutes 1 99-83 President's Salary for FY 2000 1 99-84 General Counsel's Salary for FY 2000 1 99-85 Director of Audit Services's Salary for FY 2000 1 99-86 Faculty and Staff Appointments for 1999-2000 1 99-87 Change in Status 3 99-88 Voluntary Modification of Employment 5 99-89 Retirements 5 99-90 Holiday Schedule 6 99-91 Underenrolled Class Report 6 99-92 Last Class Day Report 6 99-93 Acceptance of General Bulletin 6 99-94 Core Curriculum Revision 6 99-95 New Distance Education Course Offerings 6 99-96 Intercollegiate Athletic Policy and Procedures Manual 7 99-97 Licensing Contract with Collegiate Licensing Company .7 99-98 Approval of the 1999-00 Budget 7 99-99 Approval of the 1999-00 HEAF Allocation 7 99-100 University Insurance Coverage 7 99-101 Approval of Expenditure in Excess of $50,000 7 99-102 Vehicle Leases 7 99-103 Utility Truck Purchase 7 99-104 Television Cable Service 8 99-105 Intersection at Raguet and College Streets 8 99-106 Naming of College of Business 8 99-107 Naming of Azalea Garden 8 99-108 Policy Revisions 8 Reports A Chair, Faculty Senate B. President, Student Government Association C. Vice President for Alumni Affairs D. Vice President for University Advancement E. President Appendix No. 1 - Core Curriculum Revision Appendix No. 2 - HEAF Allocation FY 1999-00 Appendix No. 3 - TCA Cable Agreement Appendix No. 4 - Budget Changes Less Than $50,000 Appendix No. 5 - Policy Revisions : Computing Software Copyright, -Concurrent Enrollment Program, -Digital Millennium Copyright Policy, -Procurement Card, A- 11.5-Conflict of Interest in Sponsored Activities, A-12 -Copyrighted Works Reproduction, A-31.5-Misconduct in Research, A-36-Out-of-State Travel/Study, A-38-Regents Professors, A-49-Academic and Professional Preparation, C-5-Cash Receipts and Deposits, C-14-Foreign Travel, C-17- Institutional Memberships, C-19-Interdepartmental Transfer (IDT), C-22- Non-Reimbursable Travel, D-l-Access to University Records, D-8.1- Computer & Network Security, D-24-Parking and Traffic Regulations, D- 34.1-Conduct Code, D-38-University Logo/Seal, E-IA-Academic Appointments and Titles, E-8N-Classified Pay Plan,, E-l 1-Discipline and Discharge, E-26A-Guarantees Relating to Matters Other Than Termination and Non-Renewal of Contracts,, E-46-Discrimination Complaints/Sexual Harassment, E-48A-Summer Contracts, F-26-Student Employment Center, F-28-Student Service Fee Allocations MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS JULY 27,1999 The meeting was called to order at 9:00 a.m. by Chair Jimmy Murphy. Board members present in Room 307: R. A. Brookshire, Penny Butler, Mike Enoch, Pattye Greer Gary Lopez, Susan Roberds, and Mike Wilhite. Absent: Lyn Stevens. Others present in Board Room 307: Dan Angel, Janelle Ashley, Baker Pattillo, Roland Smith, Yvette Clark, other SFA administrators, and members of the public. 99-82 Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting ave it was ordered that the minutes of April 20,1999 be approved. ' 99-83 Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting aye, it was ordered that the President receive an 8% increase in salary for FY 2000. 99-84 Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting aye, it was ordered that the General Counsel receive an 8% increase in salary for FY 2000. 99-85 Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting aye, it was ordered that the Director of Audit Services receive a 15% increase in salary for FY 2000. 99-86 Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it was ordered that the following appointments be approved. 1. Biology Dr. Charlene Schramm, Ph.D. (University of Iowa) at a salary of $35,000 for 100% time for nine months, effective September 1,1999. 2. Economics and Finance Mr. David A. Romer, Visiting Assistant Professor, MBA (University of Tennessee Knoxville), at a salary of $52,000 for 100% time for nine months effective September 1,1999. 3. Elementary Education Dr. Rocio Moss, Associate Professor, Ph.D. (San Diego State University), at a salary of $41,000 for 100% time for nine months, effective September 1,1999. Ms. Marian E. Henderson, Assistant Professor, M.S.E. (University of Arkansas at Little Rock), at a salary of $38,000 for 100% time for nine months, effective January 1,1999. 4. English and Philosophy Dr. Marc S. Guidry, Assistant Professor, Ph.D. (Louisiana State University), at a salary of $33,500 for 100% time for nine months, effective September 1,1999. Dr. Catherine S. Quick, Assistant Professor, Ph.D. (University of Missouri, Columbia), at a salary of $36,000 for 100% time for nine months, effective September 1,1999. 5. History Ms. Randi Cox, Assistant Professor, M.A. (Indiana University), at a salary of $33,000, effective September 1,1999. 6. Political Science and Geography Mr. Michael P. Tkacik, Assistant Professor, M.A. (Columbia University), at a salary of $34,000 for 100% time for nine months, effective September 1, 1999. 7. Psychology Dr. Jason Hart, Assistant Professor, Ph.D. (Virginia Commonwealth University), at a salary of $35,000 for 100% time for nine months, effective September 1,1999. 8. Secondary Education Dr. Pamela Harrell, Assistant Professor, Ed.D. (University of Houston), at a salary of $36,000 for 100% time for nine months, effective September 1, 1999. 9. Theatre Mr. Luis Ramirez, Assistant Professor, MFA (Carnegie Mellon University), at a salary of $39,000 for 100% time for nine months, effective September 1, 1999. 10. Counseling and Career Services Mr. John West, Coordinator of Testing, at a salary of $25,000 for twelve months, effective June 1,1999. 11. Athletics Mr. Matthew Corkery, Assistant Coach and Instructor, at a salary of $40,000 for 10.5 months, effective June 21, 1999. Mr. Michael Bums, Assistant Coach, at a salary of $46,115 for 10.5 months, effective July 5,1999. 99-87 Upon motion of Regent Roberds, seconded by Regent Butler, with all members voting aye, it was ordered that that the following changes of status be approved. 1. SFA 101 - Freshman Seminar 2. College of Business Dr. Violet C. Rogers, Associate Professor at a salary of $63,145 for 100% time for nine months, to Associate Professor for 67% time and Associate Dean for 33% time at a salary of $83,387 for eleven months effective September 1,1999. 3. College of Fine Arts Dr. Richard A. Berry, Professor and Interim Dean at a salary of $62,333 for 100% time for eleven months, to Professor and Dean at a salary of $88,273 for 100% time for twelve months effective June 1, 1999. 4. College of Liberal Arts Dr. Kathleen Kincade, from Visiting Assistant Professor at a salary of $30,000 for 100% time for nine months, to Assistant Professor at a salary of $32,500 for 100% time for nine months effective September 1, 1999. Dr. Karen Zagrodnik, from Visiting Assistant Professor at a salary of $$30,000 for 100% time for nine months, to Assistant Professor at a salary of $32,500 for 100% time for nine months effective September 1,1999. 5. College of Sciences and Mathematics Mr. Robert B. Friedfeld, from Adjunct Faculty at a salary of $31,000 for 100% time for nine months, to Assistant Professor at a salary of $36,000 for 100% time for nine months effective September 1,1999. 6. Business Affairs Ms. Dora Fuselier, CPA, from Accountant at a salary of $41,231 for 12 months to Controller, at a salary of $54,600 for 12 months, effective June 21,1999. 99-88 Upon motion of Regent Greer, seconded by Regent Butler, with all members voting aye, it was ordered that that the following requests for retirement and subsequent modification of employment be approved: Dr. James Speer, Dean of the College of Liberal Arts, effective September 2000. Dr. Calvin Hines, Professor of History, effective September 2000. 99-89 Upon motion of Regent Wilhite, seconded by Regent Roberds, with all members voting aye, it was ordered that that the following retirements be accepted. 1. Mathematics and Statistics Ms. Jane S. Shepard, Lecturer, effective May 31, 1999. 2. Music Dr. Daniel J. Beaty, Professor, effective May 31, 1999. 3. Social Work Dr. Barbara Heard-Mueller, Assistant Professor, effective May 31,1999. 99-90 Upon motion of Regent Enoch, seconded by Regent Roberds, with all members voting aye, it was ordered that the holiday schedule be approved as follows: 1999 2000 99-91 Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it was ordered that the Summer I Underenrolled Class List be approved and that the Chairman of the Board be authorized to sign the official report for Summer II, 1999 when the data is available. 99-92 Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it was ordered that the Last Class Day Report for the spring semester, 1999 be approved as presented. 99-93 Upon motion of Regent Roberds, seconded by Regent Butler, with all members voting aye, it was ordered that the 1999-2001 General Bulletin (undergraduate) be accepted: 99-94 Upon motion of Regent Butler, seconded by Regent Greer, with all members voting aye, it was ordered that the revised core curriculum be approved as presented in Appendix No. 1. 99-95 Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it was ordered that the following courses be approved for electronic delivery: PSC 344 Introduction to Public Administration PSC 345 American Public Policy PSC 346 Public Personnel Administration PSC 444 Public Organizational Theory PSC 445 Policy Analysis PSC 446 Topics in Public Administration AST 105 Classical and Modern Astronomy AED 501 General Administrative Theory & Practice AED 599 Education Research and Application AED 517 Instructional Leadership AED 549 Foundations of Curriculum Planning AED 552 School-Community Relationship AED 553 School Personnel Administration AED 516 The School Principalship K-12 AED 555 School Management 99-96 Upon motion of Regent Greer, seconded by Regent Wilhite, with all members voting aye, it was ordered that the revisions to the Athletic Policy and Procedure Manual be approved as presented. 99-97 Upon motion of Regent Wilhite, seconded by Regent Lopez, with all members voting aye, it was ordered that the Collegiate Licensing Company contract be approved and that the President be authorized to sign the contract. 99-98 Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it was ordered that the operating budget in the amount of $115,615,881 for the 1999-00 fiscal year be approved. The 1999-00 budget includes a $3 per semester credit hour increase in the Computer Use Fee and a 3% increase in Room and Board. The 1999-00 budget includes a general 6% salary increase pool for employees. 99-99 Upon motion of Regent Enoch, seconded by Regent Roberds, with all members voting aye, it was ordered that the list of HEAF projects for fiscal year 1999-00 be approved as submitted in Appendix No. 2. 99-100 Upon motion of Regent Butler, seconded by Regent Roberds, with all members voting aye, it was ordered that the staff be authorized to recommend to the President the insurance plan providing best and lowest-cost protection subject to guidance provided by the Intivation to Bid and as may be clarified based on discussions with vendors. It was also ordered that the President be authorized to sign contracts and purchase orders required to renew the insurance program for academic year 1999-00. 99-101 Upon motion of Regent Roberds, seconded by Regent Enoch, with all members voting aye, it was ordered that the expenditure of $73,800 for the purchase of computers for the Faculty Development Center with funding provided by HEAF be approved. 99-102 Upon motion of Regent Roberds, seconded by Regent Brookshire, with all members voting aye, it was ordered that the lease renewal for five vehicles for recruiters in the Office of Admissions be approved, and that the President be authorized to sign the contracts. 99-103 Upon motion of Regent Wilhite, seconded by Regent Roberds, with all members voting aye, it was ordered that the physical plant department be authorized to purchase a new utility truck at a cost not to exceed $51,300, subject to bidding requirements, and that the President be authorized to sign the required purchase order. Fund source is physical plant's current operating funds. No increase in the budget is required to accommodate this purchase. 99-104 Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it was ordered that the contract with TCA Cable be approved as proposed in Appendix No. 3. 99-105 Upon motion of Regent Butler, seconded by Regent Roberds, with all members voting aye, it was ordered that the Board ratify the project to renovate the Raguet-College Streets intersection. 99-106 Upon motion of Regent Brookshire, seconded by Regent Wilhite, with all members voting aye, it was ordered that the College of Business be named the Nelson Rusche College of Business. 99-107 Upon motion of Regent Greer, seconded by Regent Enoch, with all members voting aye, it was ordered that the Azalea Garden in the SFA Mast Arboretum be named the Ruby Mize Azalea Garden. 99-108 Upon motion of Regent Roberds, seconded by Regent Greer, with all members voting aye, it was ordered that the policy revisions be approved as presented. REPORTS A. Faculty Senate President, Jill Dumesnil B. Student Government Association, Sean Bradley and Allison Bush C. Vice President for Alumni Affairs, Miles McCall and Jackie Cannon D. Vice President for University Advancement, Jerry Holbert E. President, Dan Angel Upon motion of Regent Butler, seconded by Regent Greer, with all members voting aye, it was ordered that the Meeting be adjourned at 10:44 a.m. Appendix No. 1 Stephen F. Austin State University Core Curriculum Requirements Effective Fall 1999 Communication a) English rhetoric/composition 6 ENG 131,132,133,235, TCCNS:ENGL 1301, 1302 b) Communication Skills 6 to 8 BCM 247; COM 111,170; FRE 131,132; ILA 111,112; SPA 131,132; ENG 273; SPH 172,272 TCCNS:BUSI 2304; SPCH 1311; FREN 1411,1412; SPAN 1411,1412; SGNL 1301 Mathematics 3 MTH 110,127,128,133,138,139,143,144,220,233,234 TCCNS:MATH 1335,1336,1316,1314,1348,1324,1325,1342,2313,2314 Natural Sciences 6 to 8 BIO 121,123,131,133,225,238 CHE 111,112,133,134,231 GOL 131,132,133 PHY 101,102,110,118,131,132,241,242 AST 105 Humanities & Visual and Performing Arts a) Visual and Performing Arts 3 ART 280,281,282 MUS 140,160 THR 161,370 DAN 341 B) Other 3 ENG 215,221,222,231,232,234,235,360; PHI 153,223; HIS 151,152 Social and Behavioral Sciences a) US History (w/ Texas option) 6 HIS 133,134,335 b) Political Science 6 PSC 141,142 c) Social/Behavioral Science 3 ANT 231; ECO 231,232; GEO 131,230; PSY 133,153; SOC 137,139 TOTAL 42-46 Pending Approval by SFASU Board of Regents July 27, 1999 Stephen F. Austin State University Core Curriculuni Requirements Effective Fall 1999 Communication a) English rhetoric/composition 6 ENG 131,132,133,235, TCCNS:ENGL 1301, 1302 b) Communication Skills 6 to 8 BCM 247; COM 111,170; FRE 131,132; ILA 111,112; SPA 131,132; ENG 273; SPH 172,272 TCCNS:BUSI 2304; SPCH 1311; FREN 1411,1412; SPAN 1411,1412; SGNL 1301 Mathematics 3 MTH 110,127,128,133,138,139,143,144,220,233,234 TCCNS.MATH 1335,1336,1316,1314,1348,1324,1325,1342,2313,2314 Natural Sciences 6 to 8 BIO 121,123,131,133,225,238 CHE 111,112,133,134,231 GOL 131,132,133 PHY 101,102,110,118,131,132,241,242 AST 105 Humanities & Visual and Performing Arts a) Visual and Performing Arts 3 ART 280,281,282 MUS 140,160 THR 161,370 DAN 341 B) Other 3 ENG 215,221,222,231,232,234,235,360; PHI 153,223; HIS 151,152 Social and Behavioral Sciences a) US History (w/ Texas option) 6 HIS 133,134,335 b) Political Science 6 PSC 141,142 c) Social/Behavioral Science 3 ANT 231; ECO 231, 232; GEO 131,230; PSY 133,153; SOC 137,139 Institutionally Designated Options 3 (Computer Literacy or Health and Physical Activity) CSC 101,102,121,201 HMS138 MSC 101,102 MUP 136 Physical Activity TOTAL 45-49 Approved by SFASU Board of Regents October 20, 1998 Stephen F. Austin State University Proposed HEAF Allocation Fiscal Year 1999-00 Appendix No. 2 Department Debt Service Instructional Capital College of Science and Math VP Advancement Public Affairs Public Affairs Public Affairs Printing Services Counseling & Career Services Counseling & Career Services UPD Financial Aid Purchasing Purchasing Purchasing Telecommunications UlS/Telecommunications UlS/Telecommunications UlS/Telecommunications UI S/Telecommunications VPBA VPBA Honors Program Honors Program Honors Program Honors Program Admissions Office of Instructional Technology Office of Instructional Technology Office of Instructional Technology Office of Instructional Technology Office of Instructional Technology Office of Instructional Technology Office of Instructional Technology Library Registrar College of Business College of Education Agriculture Agriculture Elementary Education Elementary Education Elementary Education Elementary Education Human Sciences Kinesiology Kinesiology Kinesiology Secondary Education Fine Arts Fine Arts Fine Arts Fine Arts Fine Arts Fine Arts Item/Project Request Debt Service for Fiscal Year 2000 Capital Equipment for Academic Departments Renovation of the Miller Science Building Computer Hardware and Software Mamiya 645 Camera and Lens Macintosh G3 Computers 2 Computer Monitors Printing Press 4 Computers Printer Patrol Vehicle 8 Computers 2 Macintosh G3 Computers 2 Computer Monitors Chairs Additional PPP Telecommunication Dialup Ports Computer Hardware and Software Network Upgrade Telecommunication Hardware and Network Equipment Hardware/Software Implementation and Faculty Web 1 Computer Contingency 2 Computers Filing Cabinet Furniture Copier 3 Computers Renovation of Boynton lab Chairs 21 Computers 2 Printers Software Windows 2000 Software Microsoft Office 2000 Software Library Materials Acquisition Convert Office for Records Retention Upgrade Computer System 27 Macintosh G3 Computers Renovation of Equine Lab Hay Baler for the Agricultural Farm 3 Copiers 2 Macintosh G3 Computers 2 Macintosh Data Storage Towers 2 HP Printers Renovate HMS 106 Convert Offices to Computer Lab and Classroom Office Furniture Filing Cabinets Renovation of 5 Classrooms Sound System for Turner Auditorium Scanner Desk for Dean's Office Assorted Computer Software TV/VCR Portable Equipment Large Format Frames/Storage Stephen F. Austin State University Proposed HEAF Allocation Fiscal Year 1999-00 Department Fine Arts Forestry History Chemistry Mathematics and Statistics Physics and Astronomy Physics and Astronomy Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Physical Plant Item/Project Request 2 Printers Renovation of Forestry building Renovation of Classroom Renovation of Chemistry Lab and Stockroom Renovate 4 Cassrooms Manl'rft for Large Dome at Observatory Drop-down Shutter for Large Dome at Observatory Computer Upgrades Fine Arts Building - Restore Exterior Walls Replace Special Services Chairs UPD Fire Alarm Equipment Mcgee and Education Buildings Entrance Door Replacement Campus Street Sweeper Bucket Truck for Campus Lighting Replacement Coliseum Stage and Chair Replacement Annual Vehicle Replacement Landscape and Develop Boynton and Music Building Grounds Campus Trash Receptacles and Bicycle Racks Physical Plant Street Repair Total Appendix No. 3 CABLE SIGNAL DELIVERY AGREEMENT for Stephen F. Austin State University and TCA Management Company Jointly Prepared 06/0221/99 by TCA Management Company and Stephen F. Austin State University License 4 Signal Delivery 4 Ownership of Plant and Equipment 4 Signals Reception 5 Signals Retransmission 5 Mandatory Approvals 6 Rates 6 Response Times 6 Credits for Non-Delivery 7 Terms of Payment 7 Bandwidth Usage 7 Programming 7 Programming Content of the Signals 7 Optional Services 8 Classroom Programming Channel 8 Emergency Alert System 8 Audit 9 Term 9 Representations and Warranties 9 Indemnification 9 Tennination 10 Access.. 11 Insurance 11 Limited Grant 12 Waste or Nuisance 12 Marketing of Services 12 Interest on Obligations 12 Limitation of Liability 12 Cumulative Remedies 13 Inspection • 13 Compliance with Law 13 Notices : 13 Miscellaneous 14 Waiver 14 Integration 14 Applicable Law 14 Assignment 14 Severability 14 Independent Contractor 14 Entire Agreement 14 Paragraph Headings 15 Attorney's Fees 15 Privileges and Immunities 15 Force Majeure 15 Time of Essence 15 CABLE SIGNAL DELIVERY AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this day of , 1999, to be effective AuspstSeptember 1, 1999, between TCA Management Company ("TCA") and Stephen F. Austin State University ("University"). WITNESSETH: WHEREAS, TCA owns and operates a cable television systems in the City of Nacogdoches, Nacogdoches County, Texas and receives at its Nacogdoches electronic communications facility (the "Headend") certain off-air broadcast signals and satellite cable signals or any other signals that TCA may, from time to time, offer to other subscribers (the "Signals"); and WHEREAS, the University desires to obtain from TCA all unscrambled channels but not less than thirty-seven (37) channels of the Signals to enable the University to provide cable television service in bulk on the campus of the University ("Campus"); and WHEREAS, TCA and the University desire to facilitate the transfer of certain assets from TCA to the University and the assumption by the University of the sole responsibility for securing and retransmitting the Signals on the Campus in compliance with applicable laws, rules, and regulations and to be responsible for obtaining any other approvals necessary to lawfully retransmit the Signals on the Campus. NOW, THEREFORE, in consideration of the following agreements, covenants, promises and other good and valuable consideration, the parties hereto, hereby agree as follows: 1. License. The University does hereby GRANT, BARGAIN, SELL, and CONVEY to TCA as the effective date of this Agreement a license to use and occupy the present and future streets, races, conduit, ducts, sub-ducts, tunnels, alleys, buildings, thoroughfares, public places, and grounds of the Campus as reasonably necessary for the installation, maintenance, attachment, use, construction, operation, and repair of cable television transmission cable and appurtenant devices and equipment or any replacements, improvements, or substitutes therefore for the provision of the Signals —to Centrex under the terms and conditions hereinafter set forth. All activities will be— be coordinated through the Associate Director of the Physical Plant. 2. Signal Delivery. TCA agrees to timely perform such installation, maintenance, -attachment, construction, operation, and repair of the cable television transmission cable and all appurtenant devices and equipment, and to acquire all other offsite equipment, licenses, and entitlement as are reasonably necessary to deliver the Signals to Centrex. 3. Ownership of Plant and Equipment. (a) Ownership will take place upon (i) the University signing this 5 year agreement - and (ii) upgrading the existing campus plant to 750 MHZ by fiscal year 2002 as refered to in paragraph 11. Upon completion of items (i) and (ii) above, TCA shall transfer, convey, and assign, to the University, and the University shall accept to take, the ownership of TCA's plant and equipment located on the Campus, except cables and oHier equipment used to deliver Signals to the Demarcation Point from TCA's facility and to transport signals from the Demarcation Point to TCA. For the purposes http://www.lcweb.loc.gov/copyright/. You may also contact the University's General Counsel with specific inquiries. Source of Authority: 17 U.S.C. section 101 et seq., NET Act H.R. 2265 105th Congress, Digital Millenium Copyright Act, Pub.L.No. 105-304,112 Stat. 2860 (October 28, 1998), CONFU Guidelines, Vice President for Academic Affairs Cross Reference: NoReUniversity Policies, Computer and Network Security D-8.1, and Digital Millennium Copyright Policy Contact for Revision: Director of University Libraries, General Counsel Forms: None Misconduct in Research and Scholarly A-31.5 Activity Original Implementation: April 27,1994 Last Revision: None I. Policy Statement Relating to Misconduct in Research A. Stephen F. Austin State University strives to create a climate that promotes faithful adherence to high ethical standards in the conduct of scientific research, scholarship, and creative activities without inhibiting the productivity and creativity of the academic community. Misconduct in research/scholarly activity is an offense that damages the reputation not only of those involved but also of the entire educational community. B. Misconduct in research means fabrication, falsification, plagiarism, or other practices that materially deviate from those that are commonly accepted within the scientific and scholarly community for proposing, conducting, or reporting research or other scholarly activity. It does not include honest errors or honest differences in interpretations or judgments. C. Misconduct in research/scholarly activity is a major breach of the relationship between a faculty or staff member and the institution. In order to maintain the integrity of research projects, every investigator should keep an auditable record of experimental protocols, data, and findings. Co-authors on research reports/or scholarly works of any type must have a bona fide role in the research and must accept responsibility for the quality of the work reported. D. Any inquiry or investigation of allegations of misconduct in research/scholarly activity must proceed promptly and with due regard for the reputation and rights of all individuals involved. E. The University will take all reasonable steps to assure that the persons involved in the evaluation of the allegations and evidence have appropriate expertise and that no person involved in the procedures is either biased against the accused person(s) or has a conflict of interest n. Procedures for Addressing Misconduct in Research/Scholarly Activity A. Initial allegations, in writing, must be reported to the Vice President for Academic Affairs. If the Vice President for Academic Affairs has a possible conflict of interest, the allegations will be referred to the President of the University. The Vice President for Academic Affairs shall informally review any allegations of misconduct in research and scholarship and determine whether the allegation warrants initiation of the inquiry process according to the policies and procedures for misconduct in research and scholarship, or whether other policies and procedures, such as those relevant to employment grievances should be invoked. The Vice President for Academic Affairs will counsel the individual(s) bringing the allegation as to the policies and procedures to be used. If the reporting individual chooses not to make a formal allegation but the Vice President for Academic Affairs believes that reasonable cause exists to warrant an inquiry, the inquiry process shall be initiated. Even if the individual against whom the allegation is made (hereafter referred to as the respondent) leaves or has left the University before the case is resolved, the University wtH-may pursue an allegation of misconduct to its conclusion. Once an allegation is made, the identity of the respondent will be held in strict confidence to the extent allowed by law to protect the individual involved. Where the complainant seeks anonymity, the Vice President for Academic Affairs shall operate in such a way as to maintain the anonymity to the degree compatible with accomplishing the initial review. Such anonymity cannot, however, be assured. Further, anonymity of the complainant is neither desirable nor appropriate where the testimony or witness of the complainant is important to the substantiation of the allegations. B. Inquiry 1. Purpose Whenever a warranted allegation or complaint involving the possibility of misconduct is made, the Vice President for Academic Affairs shall initiate an inquiry. In the inquiry stage, factual information is gathered and expeditiously reviewed to determine if an investigation of the charge is warranted. An inquiry is designed to separate allegations deserving of further investigation from frivolous, unjustified, or clearly mistaken allegations. 2. Structure a. The Vice President for Academic Affairs shall, after a decision to proceed with an inquiry, appoint an individual to conduct an official inquiry. This individual will have no conflict of interest, hold no appointment in the departments of either the complainant or the respondent, and have appropriate expertise for evaluating the information relevant to the case. Every effort will be made following initial administrative review of the allegation to appoint an individual within fifteen (15) working days, but the individual must be appointed within thirty (30) working days. b. Records of the inquiry are confidential to the extent allowed by law and are to be passed on to a Committee of Investigation if formal review is initiated. In any case, the records shall be kept secure, and if no misconduct is found, the records should be destroyed^hreeyeare alter cempletie d ith T l A h i f h idiidl di h ii , yy p^aftkiquiiyin accordance with Texas law. At the option of the individual conducting the inquiry, proceedings either will be tape recorded or transcribed and the records will be made available to appropriate and involved parties upon request. c. The inquiry phase will be completed within sixty (60) calendar days of its initiation unless the individual determines that circumstances clearly warrant a longer period. In such circumstances, the individual will advise the Vice President for Academic Affairs who will advise all relevant parties. The record of the inquiry will include documentation of the reason for exceeding the sixty (60) day period. d. All principals in the inquiry may be accompanied by a representative for advice and counsel. However, since the inquiry is informal and intended to be expeditious, principals must speak for themselves. 3. Process a. The Vice President for Academic Affairs is responsible for notifying all parties in writing of the allegations and of the procedures that will be used to examine the allegations. Further, they will be informed of the individual proposed to conduct the inquiry for the purpose of identifying in advance any actual or potential conflict of interest. b. Information, expert opinions, records, and other pertinent data may be requested by the individual conducting the inquiry. All involved parties are obliged to cooperate with this individual by supplying such requested documents and information. c. During the inquiry, access to copies of all documents reviewed by the individual conducting the inquiry will be assured to all appropriate parties. All materials will be considered confidential to the extent allowed by law and shared only with those with a need to know. During the inquiry, the Vice President for Academic Affairs and the individual conducting the inquiry are responsible for security of relevant documents. Copies of all documents and related communications are to be securely maintained in the Office of Research and Sponsored Programs. d. All parties to the case, including the individual conducting the inquiry, shall have the opportunity to present evidence and to call witnesses. 4. Findings a. The completion of an inquiry is marked by a determination of whether or not an investigation is warranted. The individual conducting the inquiry shall find no misconduct unless it is concluded, based on the preponderance of evidence for each allegation, that the allegations) have sufficient merit to call for an investigation. The outcome of the inquiry will be conveyed in writing to the Vice President for Academic Affairs, who will be responsible for communication of the findings to the respondent within ten working days. The respondent shall be given the opportunity to comment in writing upon the findings and recommendations of the inquiry. If the respondent chooses to comment, such comments must be forwarded as soon as possible within ten (10) working days. b. If the outcome of the inquiry indicates a need for formal investigation, the Vice President for Academic Affairs shall, after notification to the appropriate Dean(s) and legal counsel, initiate the investigatory process. Under certain circumstances, as defined by the applicable federal regulations, the institution may be expected to notify the sponsoring agency or funding source prior to the initiation of an investigation. Factors used to determine the timing of such notification include the following: (1) There is an immediate health hazard involved; (2) There is an immediate need to protect federal funds or equipment; (3) There is an immediate need to protect the interests of the person(s) making the allegations or of the individual(s) who is(are) the subject(s) of the allegations as well as his/her(their) co-investigators and associates, if any; (4) It is probable that the alleged incident is going to be reported publicly; or (5) There is a reasonable indication of possible criminal violation. c. If an allegation is found to be unsupported but has been submitted in good faith, no further action, other than informing all parties, will be taken. The proceedings of an inquiry, including the identity of the respondent, will be held in strict confidence to the extent allowed by law to protect the parties involved. If confidentiality is breached, the University will take reasonable steps to minimize the damage to reputations that may result from inaccurate reports. d. If the individual conducting the inquiry finds the allegations to be unjust and malicious, those findings will be reported to the Vice President for Academic Affairs. At this time the Vice President for Academic Affairs may take such actions or impose such sanctions as are appropriate to the situation. C. Investigation and Determination 1. Purpose An investigation will be initiated when an inquiry results in a finding that investigation is warranted. The purpose of investigation is to explore the allegations further and determine whether misconduct in research and scholarship has been committed. The investigation will focus on accusations of misconduct as defined previously and examine the factual materials of each case. In the course of an investigation, additional information may emerge that justifies broadening the scope of the investigation beyond the initial allegations. The respondent will be informed in writing when significant new directions of investigation ait undertaken. 2. Structure a. The Vice President for Academic Affairs will, after a decision to proceed with an investigation, and after consultation with the chair of the University Research Council, appoint an Investigating Committee of no less than three persons. At least two members will be senior faculty who are without conflict of interest, hold no appointment in the departments of either the complainant or the respondent, and have appropriate expertise for evaluating the information relevant to the aot-asso6*ated~wi&-Stephefr£rA^ The individual who conducted the inquiry shall not serve on the Investigating Committee. Following receipt of the inquiry report, every effort will be made to appoint an Investigating Committee within fifteen (IS) working days, but the Committee must be appointed within thirty (30) working days. b. At its first meeting, the Committee will elect a chairperson to handle procedural and administrative matters. c. Hearings are confidential.-fiiKl~may4>e-deekj^-etos^ Written notification of hearing dates and copies of all relevant documents will be provided by the Vice President for Academic Affairs in advance of scheduled meetings. At4he eptioa<>f4he^SomfmtteerPproceedings either will be tape recorded^ ertranseribedrbut not the Committee's deliberations.and the records will be made available to involved parties upon request d. Every effort should be made to complete the investigation within 120 days; however, it is acknowledged that in some cases this time period may be difficult to meet In such cases, the Investigating Committee shall compile a progress report, identify reasons for the delay, and notify the Vice President for Academic Affairs of the additional time necessary for the investigation. The Vice President for Academic Affairs shall convey to the funding agency such information as may be required by it at intervals as required by the agency. e. Both the principals and the Investigating Committee may discuss the issues personally or have a representative accompany them. 3. Process a. The Vice President for Academic Affairs is responsible for notifying all parties in writing of the allegations and of the procedures that will be used to examine the allegations. Further, they will be informed of the proposed membership of the Committee of Investigation for the purpose of identifying in advance any actual or potential conflict of interest b. All parties to the case, including the Investigating Committee, may present evidence and call and examine or cross-examine witnesses. The investigation normally will include examination of all documentation, including, but not necessarily limited to, relevant research data and proposals, publications, correspondence, and memoranda of telephone calls. The Committee will make every attempt to interview all individuals involved in making the allegation or against whom the aUegation is made, as well as other individuals who might have information regarding key aspects of the allegations; complete summaries of these interviews will be provided to the interviewed parly for comment or revision and included as part of the investigatory file. Additional hearings may be held, and the Committee may request the involvement of outside experts The investigation must be sufficiently thorough to permit the Committee to reacha decision about the validity of the allegations) and the scope of the wrongdoing or to be sure that further investigation is not likely to alter an inconclusive result In addition to making a judgment of the charges, the Committee may recommend to the Vice President for Academic Affairs appropriate sanctions if warranted. c. As the University is responsible for protecting the health and safety of research subjects, students, and staff, interim administrative action prior to conclusion of either the inquiry or the investigation may be indicated. Such action, ranging from slight restriction to complete suspension of respondent and notification of external sponsors, if indicated, is initiated by the Vice President for Academic Afl&irs. d. All parties in the investigation are encouraged to cooperate by producing any additional data requested for the investigation. Copies of all materials secured by the Committee shall be provided to the respondent and may be provided to other concerned parties as judged appropriate by the Committee. e. The respondent shall have an opportunity to address the charges and evidence in detail. - f. After all evidence has been received and hearings completed, the Investigating Committee shall meet in closed sessions to deliberate and prepare its findings and recommendations. The Committee shall find no academic misconduct unless a majority of the members conclude that the preponderance of the credible evidence substantiates the allegation(s). g. All significant developments during the investigation as well as the findings and recommendations of the Committee will be reported by the Vice President for Academic Afl&irs to the research sponsor if appropriate. 4. Findings a. Upon completion of the investigation, the Committee will submit to the Vice President for Academic Affairs a full written report that details the Committee's findings and recommendations. The Committee's findings are binding upon the Institution subject to appeal by the respondent. b. This report shall also be sent to the respondent by the Vice President for Academic Affairs within ten (10) days of its receipt. 5. Resolution a. Finding of Absence of Academic Misconduct All research sponsors and others initially informed of the investigation will be informed in writing that allegations of misconduct were not supported. If the allegations are deemed to have been maliciously motivated, the Committee will report those findings to the Vice President for Academic Affairs. If the allegations, however incorrect, are deemed to have been made in good faith, no additional measures are indicated and efforts will be made to prevent retaliatory actions. In publicizing the finding of no misconduct, the University will be guided by whether public announcements will be harmful or beneficial in restoring any ieputation(s) that may have been damaged. Usually, such decision will rest with the person who was innocently accused. b. Finding of Presence of Academic Misconduct The Vice President for Academic Aflairs shall consider the recommendations of the Committee and shall be responsible for determining and implementing sanctions. The respondent shall be notified in writing of the recommended sanctions within twenty (20) days. If the sanctions involve a recommendation for termination of employment, the University academic termination procedures will be invoked. The University must take action appropriate for the seriousness of the misconduct, including, but not limited to, one or more of the following, subject to existing University policies: 1) Institutional Disciplinary Action including: o Removal from particular project o Special monitoring of future work o Letter of reprimand o Probation for specified period with conditions specified o Suspension of rights and responsibilities for a specified period, with or without salary o Financial restitution o Termination of employment/enrollment 2) Notification. The Vice President for Academic Affairs is responsible for notification of the outcome to all federal agencies, sponsors or other entities initially informed of the investigation. Consideration should be given to formal notification of involved parties such as: o Sponsoring agencies, funding sources o Co-authors, co-investigators, collaborators, department, University publications o Editors of die journal (s) in which fraudulent research was published o State professional licensing boards o Editors of journals or other publications, other institutions, sponsoring agencies, and funding sources with which the individual has been affiliated o Professional societies 3) Interim sanctions may be imposed during the appellate process. 6. Appeal Individuals may appeal the judgment of the Investigating Committee and/or the sanction. A written statement of the grounds for the appeal must be submitted to the President within thirty (30) days of written notification of the sanctions. Grounds for appeal include, but are not limited to, previously unconsidered material evidence, sanctions not commensurate with the finding, and failure to follow the prescribed process. Upon receipt of a written appeal, the President will evaluate the evidence and make a determination. The President shall reopen the investigation if the previously unconsidered material evidence so warrants and may reopen the investigation if circumstances so dictate. The President's decision will be conveyed to all involved in a timely fashion, but must be conveyed within thirty (30) working days. In the case of termination, the appropriate University policies on termination for cause shall be followed. Source of Authority: Vice President for Academic Affairs Cross Reference: None Contact for Revision: Director of Research Services Forms: None Return to Policy & Procedure Main Pages OUT-OF-STATE TRAVEL/STUDY Original Implementation: September, 1981 Last Revision: September, 1990 Current date Out-of-state travel courses are those courses whose fundamental content is based on the use of natural or cultural resources found outside the state and in which a majority of instruction is delivered out-of-state. They do not include courses delivered on campus in which incidental travel to another state for enrichment activities occur. Requests for courses involving out-of-state travel must be routed, using an "Out-of-State Travel/Study Course Request Form", for approval via the instructor's department Chair school college dean, the Director of Continuin